How to remove someone's name from a property title | Finder

How to remove someone’s name from a property title

After a divorce, split or change of circumstances, you may need to remove someone’s name from a property title. Here’s what you need to do.

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A property title is an important legal document that lists the registered owners of a property and guarantees security of property ownership. While there are plenty of reasons why you might need to add someone to a property title, there are also situations where you need to remove someone’s name from a property title. For example, maybe a parent has passed away and you need to transfer ownership of her property, or if a relationship has broken down, it might be time to remove a former spouse’s name legally from the document.

Read our complete guide to changing property ownership here

Important information

The exact process you need to follow to remove a name from a title differs slightly in each Australian state and territory. Check out the links below for the government body that handles property title transfers in each state or territory. It's a good idea to contact the relevant department for detailed instructions on the process where you live for specific instructions on how to change your property title.

Although the process of removing someone’s name from a property title is quite similar throughout Australia, specific examples given in this guide have been taken from NSW.

You can remove someone’s name from a property title yourself, but this can be a complicated process that involves complex technical jargon. Many people prefer to engage the services of a property lawyer or a licensed conveyancer to carry out the work on their behalf. These professionals have the expertise to deal with any problems that may arise while transferring property and can help ensure that the transaction is handled with a minimum of fuss. This will come with a fee, of course, so be sure to ask for an estimate or quote upfront.

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How to remove someone’s name from a property title (general)

Follow these steps to remove someone’s name from a property title:

  1. Hire a licensed conveyancer (optional). If you find the prospect of handling the paperwork daunting, hire a property lawyer or licensed conveyancer to take care of the task for you. Make sure you compare a few quotes and each expert’s level of experience before deciding on the right one to handle your transaction. The remaining steps can be completed by your conveyancer or by you.
  2. Fill out a transfer of title form. This form is usually available online via the website of the relevant state or territory government department. You need to provide the Torrens Title details of the property being transferred, the names of the people involved in the transfer and the share of property being transferred. You can find detailed instructions for filling out the NSW transfer of title form, Transfer Form 01T in our guide.
  3. Submit the transfer of title form. You’ll need to submit the completed and signed form to the lands department or state revenue office in your state or territory. You may also be required to submit supporting evidence, for example a death certificate.
  4. Pay the fee. Pay the necessary fee to have the transfer of title form processed. Fees vary between states and territories so contact the relevant government department for more information.
  5. Wait for the form to be processed. The relevant government department will then process the form and remove the name from the property title. Processing times vary from one state or territory to the next.

Please note that there may be extra steps to follow in different circumstances. For example, if there is an outstanding mortgage on the property, you’ll need to first obtain consent from your home loan lender before you can remove someone’s name from the property title.

Another example is if you are gifting a property to one of your children. You will want to have your name removed from the title and the child’s name added. Capital gains tax (CGT) is payable in this situation and is based on the property’s market value.

Removing a name from a property title can have many far-reaching legal, financial and taxation consequences, so seek professional advice tailored to your situation.

How to remove someone’s name from a property title after divorce

Around one in three of all Australian marriages end in divorce, so learning how to get a partner’s name removed from a property title is a common problem. If your marriage is headed for divorce and you need to get your ex-partner’s name removed from a property title, the steps detailed above will still need to be followed.

However, there are a few extra issues that need to be considered. Your solicitor will be able to help you and your partner draw up a formal separation agreement as part of the divorce settlement. This agreement sets out how you will divide the assets between the two of you, including who will assume ownership of the family home, and sets out the requirements of each spouse in writing. This can also help ensure that you avoid paying stamp duty on the property transfer (see stamp duty section below for more details) and will outline what happens to an existing mortgage as part of the marriage split.

Finally, you may also undergo a name change as part of the divorce, and you’ll need to remember to have your own name changed on the property title to reflect this.

What to do with your house following a divorce

While severing all financial and legal ties to your ex in a divorce may seem like the best approach, make sure to consider all your options before choosing to do this. There are a number of different options you could consider:

  • Keep both names on the title. This may help simplify matters and will allow you to keep your existing mortgage in place. Your solicitor will help you draw up the necessary legal paperwork to set out the rules of this arrangement.
  • Keep the home for the kids’ inheritance. Some divorced couples opt to keep the family home as an investment property to provide an inheritance for their children.
  • Refinance your home loan. If one person is being removed from the property title and from the obligation to make mortgage repayments, you’ll need to speak to your lender about refinancing your home loan as part of the divorce settlement.
  • Buy out your ex-spouse. Depending on your financial situation and the advice you receive from your solicitor, the best option may be to buy your ex-spouse’s share of the family home.

There are a myriad of potential scenarios that could arise depending on your personal circumstances, so ask your solicitor for advice and guidance on the best approach.

How much does it cost to remove someone’s name from a property title?

It will depend what state the property is in. For example, the minimum fee payable when changing the title to have someone removed from a property title in NSW is $133.48. This fee must be paid to the NSW Government Land & Property Information Department.

However, if you choose to get a property lawyer or licensed conveyancer to carry out this task, you will need to factor their fees into the equation. Speak with your chosen property law expert to get an accurate quote for their services.

What about stamp duty?

In the vast majority of cases, stamp duty is payable on a title transfer regardless of whether the transfer involved money changing hands. However, you may be able to avoid paying stamp duty if you are getting your spouse or de facto partner’s name removed from a property title following a divorce or relationship breakdown. You’ll need to meet specific conditions to qualify for this exemption.

For example, in NSW, the Chief Commissioner must be of the opinion that the marriage has broken down irretrievably or that the de facto relationship has been terminated. You will also need to lodge evidence to support your application, such as a copy of a court order or of a legally binding financial agreement made by you and your spouse.

You can access the relevant stamp duty exemption application forms from your state revenue office.

Other frequently asked questions about removing someone’s name from a property title

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160 Responses

    Default Gravatar
    JudyJuly 26, 2019

    I was in a 30-year de facto relationship that ended 12 months ago. We had two properties together. He got one and sold it straight away to which I signed over 100% of money to him. The house I got is still in both names. I would like to remove him from deeds and mortgage. How do I do this? He will keep to our agreement and is more than happy to just sign deeds to me. It is a simple case but lawyers want between $3-4000 just for that and then bank fees on top. I can’t afford to pay that and fear I may loose everything because I want to remain in my home and he got to sell his share.

    Thank you.

      Avatarfinder Customer Care
      JeniJuly 27, 2019Staff

      Hi Judy,

      Thank you for getting in touch with Finder.

      Sorry to hear your struggle on removing someone on your property deeds.

      I suggest that you check first with your state’s website on how you may do it yourself or seek help from a conveyancer on removing him on the title deeds.

      I hope this helps.

      Thank you and have a wonderful day!


    Default Gravatar
    ChrisJuly 22, 2019

    2 years ago my wife and I purchased a home from an inheritance on the death of her mother. We put both of our names on the title deed. I have since discovered that I am an undischarged bankrupt. I am 72 and my wife 71 and on the full pension. As it was my wife who provided the total amount for the purchase of the house is it possible to remove my name from the title? The trustees for my bankruptcy are aware of our situation and will be taking no further action to recover monies owed.

      Avatarfinder Customer Care
      JeniJuly 23, 2019Staff

      Hi Chris,

      Thank you for getting in touch with Finder.

      Sorry to hear your current situation. I suggest that you seek expert help from a conveyancer on this matter.

      I hope this helps.

      Thank you and have a wonderful day!


    Default Gravatar
    SueApril 29, 2019

    The property my spouse and I live in has title deeds in my name only, if we want to change the title deeds from my name to his name only, what kind of expense do we incur, we are in Queensland? We are going through separation.

      Default Gravatar
      NikkiApril 30, 2019

      Hi Sue,

      Thanks for getting in touch!

      Fees differ depending on the state and territory you’re in so contact the relevant government department for more information. Learn more on how to add your spouse’s name to the title deed.

      If you choose to get a property lawyer or licensed conveyancer to carry out this task, you will need to factor their fees into the equation. Speak with your chosen property law expert to get an accurate quote for their services.

      Hope this helps!


    Default Gravatar
    TheresaFebruary 27, 2019

    Hi If ur ex partner has been redrawing from the joint mortgage account without the other partner’s knowledge, would or could the amount that should’ve been paid off be taken into consideration when it comes to settlement. Basically there is only half the equity in the property because of the redraws. Thanks

      Avatarfinder Customer Care
      JohnFebruary 28, 2019Staff

      Hi Theresa,

      Thank you for reaching out to Finder.

      This type of concern needs to be discussed between the both of you due to the complexity of the situation. If an agreement could not be met, it is advisable to seek legal advise for all your options to be provided to you. Hope this helps!


    Default Gravatar
    CamFebruary 5, 2019

    Hi! How do I get my wife off the title of our home? She wants to be removed from the title.

      Avatarfinder Customer Care
      JoshuaFebruary 10, 2019Staff

      Hi Cam,

      Thanks for getting in touch with finder. I hope all is well with you. :)

      You can get your wife off your property title by following the steps mentioned above under the subtitle, “How to remove someone’s name from a property title.” You would need to fill out a transfer of title form and submit to the relevant state or territory government department. Pay the fee and then wait for your the process to be completed.

      If you want to make it easier for you to remove a person’s name, you can hire a licensed conveyancer. You can use the form above this page to enquire and learn more about a conveyancer.

      I hope this helps. Should you have further questions, please don’t hesitate to reach us out again.

      Have a wonderful day!


    Default Gravatar
    RosannaJanuary 13, 2019

    What can you do, if a sibling has influenced a parent to hand over family property deed And then registered it in his name and taken two mortgages out on it

      Avatarfinder Customer Care
      JohnJanuary 14, 2019Staff

      Hi Rosanna,

      Thank you for reaching out to finder.

      The best recourse would still be to work it out with your sibling on having your name added onto the deed or at least get your half of the property. It may be an expensive option if you still want to have this settled legally. Hope this helps!


    Default Gravatar
    DianneDecember 17, 2018

    If a mother and daughter jointly own a property and the mother wants to take her name off the title so the daughter will be the sole owner what is involved with this? The property is in Western Australia.

      Avatarfinder Customer Care
      JohnDecember 19, 2018Staff

      Hi Dianne,

      Thank you for reaching out to finder.

      The process of removing the mother’s name from the property title depends on which state or territory your property is located. But generally, to start with, you’ll need to fill out a relevant transfer form that can be obtained from your state government department’s website (please see the list if states in the blue box above).

      You’d also be best to utilise the services of a conveyancer so you’ll be guided properly with the process.

      Hope this helps.


    Default Gravatar
    AnnemarieMarch 23, 2018

    My brother wants to buy my share of a property he is currently residing on. Who pays for the cost incurred in doing this. He intends to go through a Surveyor. The property is in NSW.
    Thank you

      Avatarfinder Customer Care
      MayMarch 25, 2018Staff

      Hi Annemarie,

      Thanks for your inquiry. Basically, when disposing a property, there is a potential taxable gain if the value of the property is greater than its value when you acquired it and this will be charged to you (who disposes the property). Other costs like stamp duty and fees on transferring of share will also be incurred which can be charged to your brother. It would be best that you both seek professional advice from a tax accountant and a solicitor so you’d both know what the fees involved and who shall pay the it.


    Default Gravatar
    CynthiaSeptember 7, 2017

    My in laws had a trailer title jointly. She signed her name to the back and it was notarized. He was to go get the title in his name only. He got ill and didn’t get the title done. He passed away. His daughter took the title and went and put it in her name. Is this legal?

      Default Gravatar
      JonathanSeptember 7, 2017

      Hello Cynthia,

      Thank you for your question.

      At the outset, it is important to determine how the deceased owner held title to the property. This requires a close examination of the deed that transferred the property to the deceased owner. This is critical to understand so that you would know how names on property deeds are being updated.

      1. “Joint Tenants with Right of Survivorship” which is in simple definition means that if one of the owners outlive the other, as long they have a written agreement of such, automatically the vested interest of the deceased owner is transferred to surviving joint owner.

      2. There is also what we call “tenancy in common” where in case one of the tenants/owners die, his interests will go to the probate. In this case, surviving spouse or heirs will go through the probate court to have it updated.

      3. “Community Property and Community Property with Right of Survivorship” is when n the death of one spouse, the surviving spouse will continue to own—not to inherit, but continue to own—his or her one-half interest. The remaining half will be governed by the deceased owner’s will or Texas intestacy law.

      Usually, in states like Texas and California is where Community Property and Community Property with Right of Survivorship are being used. If the deed included survivorship rights, and if the other owners named ihn the deed survived the deceased owner, you can usually use an Affidavit of Survivorship to remove the deceased owner. In this case, it is legal and should not involve a court proceeding. Now, if the property deals with Probate and Alternatives to Probate, it is recommended to have an attorney in handling it.

      It is worth mentioning that information provided is for general purposes only and is not offered as legal advice upon which anyone may rely. Legal counsel relating to your individual needs and circumstances is advisable before taking any action that has legal or tax consequences.

      Hope this helps.


    Default Gravatar
    JulieAugust 25, 2017

    8 years ago we agreed to allow our parents to move in with us. For their security we added them to the deeds. They are now getting older and we feel it is time to remove them from the deeds. What cost is involved in this? They are in total agreement. If something happened to one of them what happens to their share. Thank you

      Default Gravatar
      ArnoldAugust 25, 2017

      Hi Julie,

      Thanks for your inquiry.

      Fees vary between states and territories so contact the relevant government department for more information.

      Whether it’s due to death, divorce or a change in personal circumstances, it may become necessary for a name to be removed from a property deed. If it’s your name that should be removed from a property deed, you’ll typically complete a deed of conveyance.
      Eliminating the ownership rights of those listed on a property deed typically involves removing the names from the deed and from the title. Because some types of property are better suited to specific deeds of conveyance, this process requires knowing more about the type of property you’re discussing.
      A deed of conveyance — such as a quitclaim or warranty deed — is the most common way to remove a name from the property deed. A deed of conveyance is usually completed by the property owner leaving the deed and title to the remaining owners of the property, who intend to remain on the title. Removing a name from the property deed requires five steps.

      1. Discuss property ownership interests.
      2. Access a copy of your title deed.
      3. Complete, review and sign the quitclaim or warranty form.
      4. Submit the quitclaim or warranty form.
      5. Request a certified copy of your quitclaim or warranty deed.

      If the process is too complicated, simply get an expert opinion, use LegalMatch to consult with a lawyer today for free. LegalMatch quickly matches you with the right real estate lawyer to help you go through the process step by step.
      Simple Reply to Removing name on Deed
      To remove a name from the property deed, you may follow the steps we have listed above in regards to lodging a Quitclaim.

      Hope this information helped.


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