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Are you considering adding your partner to your property title? This important decision can have significant legal and financial implications.
Whether you’re married, in a de facto relationship, or looking to add a family member, this guide will help you understand the process, costs, and considerations involved in adding someone to your property title in Australia.
Quick Summary
- Adding a partner to your property title in Australia has legal, financial & relationship implications
- Process varies based on if you have a mortgage or own the home outright
- Choose between joint tenancy (equal ownership) or tenants in common (can be unequal)
- If mortgaged, you must refinance to add partner to the loan too
- Benefits: greater protection for both parties, relationship equality, shared gains
- Risks: eligibility based on partner’s financials, costs, complexity if relationship ends
- Always get legal & financial advice first to understand requirements & impacts for your situation
Property Title Vs Loan
Let’s clarify some things before we go any further. There’s a massive difference between being on the property title and being on the home loan, and sadly, this is where many people get tripped up.
The property title is a legal document proving you own your house. If you sell, you get a share of the profits or losses. Being on the title gives you the rights to the asset or the home itself.
The home loan or mortgage is the debt you owe to the bank or lender. Being on the loan makes you legally responsible for mortgage repayments even if your name isn’t on the title.
See the distinction? You can have one without the other. So you can be on the home loan without being on the title. This may seem odd at first, but it’s all about the bank protecting its investment.
Let’s break it down further into two scenarios. Most home buyers find themselves in.
Adding Your Partner To Your Property Title When You Have No Mortgage
If you’re one of the lucky few who own your home outright with no mortgage, congratulations! This gives you far more flexibility when adding your partner to the property title.
How the Transfer Works
The process is usually done through a transfer of title. While it may seem simple, this isn’t a DIY job. A conveyancer or property lawyer should handle the paperwork on your behalf.
They’ll make sure:
- The forms are filled out correctly
- Your interests are fully protected
- The transfer complies with your state’s requirements
Choosing the Right Ownership Structure
Your lawyer or conveyancer will also guide you on the type of ownership to choose:
- Joint tenancy (equal ownership with survivorship rights)
- Tenants in common (flexible ownership shares that can be passed on in a will)
This decision is important, as it impacts estate planning and what happens if the relationship ends.
Costs and Stamp Duty Considerations
The good news? Stamp duty isn’t always payable when adding your partner. If you’re married or in a de facto relationship, you may qualify for an exemption. However, these rules vary across states and territories.
That’s why it’s critical to get legal advice before proceeding. A property lawyer can confirm your eligibility and highlight any hidden costs.
Key Takeaway
Adding your partner to your property title without a mortgage is simpler than if you had a loan. But it still requires expert guidance to avoid costly mistakes.
Always use a conveyancer or lawyer to manage the process and confirm if a stamp duty exemption applies in your situation.
Adding Your Partner To Your Property Title When You Have A Mortgage
Most homeowners fall into this category. If you’re still paying off your mortgage, the bank or lender will have a big say in any title transfer.
Why the Bank Needs to Approve
Banks want to ensure their investment — your mortgage — is secure.
If your partner isn’t on the loan, they can’t be added to the title. Without consent, the bank will not approve the transfer.
For your partner to be added, they must be on both the title and the loan. This usually means refinancing your mortgage and converting it from a single loan to a joint loan.
What Refinancing Involves
Refinancing can be tricky. The bank will assess:
- Your partner’s credit history
- Income and financial situation
- Overall risk to the lender
Even with a perfect repayment history, the bank treats this as a new loan application. Interest rates, terms, and approval are based on today’s market and financial circumstances, not your past performance.
What Are The Joint Ownership Structures?
So, what type of ownership commitment should you consider? This is definitely where you want to get a lawyer involved. In general, there are two types of ownership that you can consider: joint ownership and tenants in common.
| Feature | Joint Tenancy | Tenants in Common |
|---|---|---|
| Ownership share | Equal shares (e.g., 50/50) | Can be unequal (e.g., 70/30) |
| Survivorship | Yes – ownership automatically passes to surviving partner | No – share passes according to will or estate |
| Flexibility | Less flexible for estate planning | More flexible for estate planning |
| Common use | Married couples, de facto partners | Business partners, blended families |
State-by-State Rules For Adding A Partner To The Title
When adding your partner to the property title, it’s crucial to follow the rules for your state. This helps you avoid delays, unexpected stamp duty charges, or legal problems later on.
Stamp Duty Exemptions by State
Most Australian states offer stamp duty exemptions when transferring ownership between spouses or de facto partners. But the conditions vary.
- Victoria (VIC): you may be eligible for a full stamp duty exemption if the home is your Principal Place of Residence (PPR) and your partner is your spouse or de facto.
- New South Wales (NSW): You can apply for a stamp duty exemption if the transfer is between married or de facto partners, and the property is their shared residence.
- Queensland: Claiming a stamp duty exemption when adding your partner to your property title requires lodging the primary Form 1 Transfer, along with Form D2.1 – Claim for transfer duty concession or exemption. While Form D2.1 is part of the process, the key requirement is that you meet the eligibility criteria as a spouse or de facto partner for a principal place of residence transfer
Tip: Ensure your relationship meets the state’s legal definition of a “spouse” or “de facto”. Some require proof of cohabitation for 2 years or more.
Land Title Registration Fees by State
Even with a stamp duty exemption, you must pay land registry fees to update the ownership records. These fees are indexed and change regularly, so always check the official source for the latest cost.
State / Territory | Fee |
NSW | $175.70 – Base fee for registering a transfer or amendment (as of July 2025). |
VIC | $166.10 – Base transfer fee for a single title, calculated using fee units. |
QLD | $226.55 – Lodgement fee for a transfer of land. |
WA | $198.70 – Minimum fee for registering a transfer document with Landgate. |
SA | $198.00 – Flat fee for a transfer, regardless of number of titles. |
TAS | $250.21 – Fee for a transfer, transfer by assent, or power of sale. |
NT | $176.00 – Flat fee for registering a transfer of land. |
ACT | $479.00 – Fee for registering a transfer under the Land Titles Act. |
Note: These are base title registration fees for standard property transfers. Additional fees may apply for document lodgement, mortgage registration, or if handled through PEXA (electronic conveyancing). These are subject to change, so always confirm with your state’s land titles office.
Where to Find the Right Forms to Add Your Spouse to the Property Title
Each state and territory has its own transfer process. Use the correct form and follow your jurisdiction’s requirements.
State/Territory | Form(s) | Official Link |
VIC (Victoria) | Transfer of Land – Form T2 | |
NSW (New South Wales) | Transfer Form 01T | |
QLD (Queensland) | Form 1 (Transfer) + Form D2.1 (Exemption) | |
SA (South Australia) | Client Authorisation + Land Title Forms | |
WA (Western Australia) | Form T2 – Transfer of Land | |
TAS (Tasmania) | Transfer Form + Notice of Sale | |
ACT (Australian Capital Territory) | Land Titles Transfer Form | |
NT (Northern Territory) | Transfer of Land Form + Supporting Docs |
Important Reminders:
- Some states may require statutory declarations confirming your de facto or marital relationship.
- You may need to provide proof of identity, a property valuation, or evidence of residency.
- If refinancing is involved, coordinate with your lender before lodging the transfer.
Capital Gains Tax (CGT)
Adding a partner to the title of an investment property can trigger Capital Gains Tax (CGT). The ATO treats this as a CGT event, even if money does not change hands.
The tax is calculated on the market value of the ownership share transferred, not on the original purchase price. This means you may face a significant tax liability, especially if the property has risen in value.
Because CGT rules are complex, we strongly recommend seeking independent accounting advice. Your accountant can explain the potential costs and ensure you meet ATO reporting requirements.
For more details, check the official ATO Capital Gains Tax guide.
First Home Owner Grant (FHOG) Clawback
If you claimed the First Home Owner Grant (FHOG), adding a partner can affect your eligibility.
In some states, if your partner has owned property before, you may need to repay part or all of the grant.
For example, if you received $15,000 through the FHOG and now add a partner who previously owned a home, the government could claw this back. This rule exists to prevent couples from double-dipping into first-home benefits.
The rules vary between states, so it is important to check with your local revenue office. If you are unsure, speak to a conveyancer or mortgage broker before making changes.
How Do Banks Assess Joint Applications
When you apply for a home loan together, banks don’t just look at the primary borrower. They carefully assess both partners’ financial situations — even if only one partner earns an income. This helps the bank understand the overall risk of lending.
Here’s what they consider:
- Income Stability and Source – Banks want to see steady, reliable income from both applicants. This includes salaries, business income, or government benefits. If one partner has a temporary contract or irregular income, the bank may view it as higher risk.
- Credit Score – Your combined credit histories matter. A strong score boosts approval chances. But if one partner has defaults, missed payments, or bad credit, the lender may reduce your borrowing power or reject the application altogether.
- Visa Status – If your partner is a non-resident or holds a temporary visa, banks require extra documentation. Some lenders have stricter rules for visa holders, limiting loan amounts or requiring larger deposits.
- Debt Obligations – Banks tally all your debts, such as credit cards, personal loans, or car finance. High existing debt can lower your borrowing capacity, even if your income looks good.
Refinancing Costs to Consider When Putting Your Partner On Your Mortgage
If you’re adding a partner and need to refinance, remember it’s not free. Costs can range from $500 to $5,000, depending on:
- Whether you’re breaking a fixed-rate loan (which can incur break fees)
- Legal and conveyancing fees
- Lender application and discharge fees
Plan ahead and speak to your lender or broker to understand all potential costs before applying.
What If I Cannot Get The Loan Updated?
If you’re in the unfortunate situation where the bank refuses to add your partner to your title, there are a few options you can consider.
Binding financial agreement. If you can’t get the loan updated, it could be worth exploring the option of a binding financial agreement. These documents are a way to outline what would happen to the property if the relationship ends. If you’re looking at setting up a binding financial agreement or a trust, you need to speak to a lawyer about the pros and cons of these.
Transferring the property to a trust. In this case, there will be stamp duty implications, so speak to a lawyer about this. Buying in a Trust can change the way a bank will assess your application.
Reassessing things later. If you’re on maternity leave, for example, or carers leave, or you might have had extended time off work, or you might have existing debts you need to clean up, it could just be worth leaving the property as it is now and then revisiting the transfer down the line.
What If Your Partner Is on a Visa, Has Bad Credit, or Lives Overseas?
Not every couple fits the textbook mold. Adding a partner with visa complications, credit issues, or who lives abroad can introduce extra challenges.
Adding A Spouse Who’s on a Visa
Yes, you can add a partner on a visa — but the process isn’t always straightforward.
Lenders may:
- Request visa documents
- Limit loan options to specific visa types (e.g. subclass 820 or 309)
- Apply stricter income verification requirements
It’s best to consult a broker early to avoid surprises during loan approval or refinancing.
What If Your Partner Has Bad Credit?
Bad credit can seriously affect your loan. Here’s how:
- Lenders may refuse joint refinancing if your partner has unpaid defaults or missed repayments.
- You might be forced to reduce your Loan-to-Value Ratio (LVR) to 70%, which could block your refinance altogether.
- Some lenders could require larger deposits or higher interest rates.
What can you do?
- Use a credit repair service
- Pay off small defaults
- Wait 6–12 months for credit to improve
During this time, consider keeping the title and loan under the stronger credit profile — even if that means delaying joint ownership.
What If My Partner Lives Overseas or Is a Non-Resident?
Some clients want to add overseas partners — and while it’s legal, it’s rarely simple.
- Legal complications: You may need to prove the partner’s identity and relationship.
- Lending restrictions: Most banks avoid lending to non-residents. Others will require extra paperwork or local co-borrowers.
- Foreign Buyer Surcharge: Depending on the state, non-residents may trigger extra stamp duty charges.
Tip: If your partner is overseas, check with both your conveyancer and lender before starting the transfer.
Pros and Cons Of Transferring Your Partner To The Title Of A Property?
As with everything, adding your partner to your property title has upsides and downsides. In this section, we will discuss each of them in detail.
Benefits of shared ownership
There are some major advantages to adding a partner to your property title, especially if you’re both in the relationship for the long haul.
Protection for both parties. If you’re the sole owner and, sadly, something were to happen, your partner could be left with nothing. This is probably a good reminder that it’s worth updating your will after any major events. If you bought a property, sold a property, or assets have changed hands, share ownership through a title provides security for both parties.
Relationship equality. For many people, putting a partner on a title formalises the commitment. As a couple, it shows the emotional and financial contribution of both partners to your home.
Future financial gains. When it comes time to sell, being on the title means you both potentially share in the profits. How you split up those potential gains is really entirely up to you as a couple. It doesn’t need to be 50/50
What are some downsides of transferring your partner to the title of a property?
So, what are some of the downsides of transferring your partner to the title of a property? It’s not all profit share and good times. There are other things to consider if you’re looking at putting your partner on the title of your property.
Pre-existing debt. If your partner doesn’t have a great credit history or has a bunch of outstanding debts, this could be a problem. As we mentioned earlier, the bank will completely reassess your application based on you both applying in today’s market. With all the interest rate increases and changes in assessment, your borrowing capacity might not be as strong today as it was a few years ago.
Relationship breakups. Listen, you don’t want to get into a relationship expecting to fail, but life happens, and if things turn sour, dividing property is just another messy, emotional and time-consuming activity. There is some legal documentation you put in case to cover yourself on this.
Costs. If you’re looking at transferring the property that you both live in — your principal place of residence- then the good news is that most states have exceptions around stamp duty, so you won’t have to pay stamp duty transfer. Again, get legal advice on this. It depends on state to state and on your situation. If you’re looking at transferring the ownership of an investment property you own, it’s a completely different case. There could be stamp duty; there could even be capital gains tax considerations that you need to think about. If you’re looking to transfer an investment property, it’s definitely worth speaking to an accountant for advice.
What Does Adding a Partner to a Property Title Mean Legally?
Here are the legal aspects to consider if you’re thinking about adding your partner to your property title:
- You both equally own and decide on the property
- You share costs like rates, taxes, insurance and maintenance
- It can affect taxes, future sales, inheritance planning and disputes if you separate
- Most lenders make you refinance when names change, with new loan terms.
- You must get a lawyer or conveyancer involved to handle the paperwork.
Adding Your Partner to the Property Title - Step-by-Step Process
Step 1—Firstly, speak to a lawyer or solicitor
Confirm the fees and charges that apply. Make sure you’re eligible for stamp duty exemptions and that there are no unforeseen costs.
Step 2—Speak with a mortgage broker.
A mortgage broker like Hunter Galloway can check out your financial situation and make sure the bank will allow you to get a loan now that you’re thinking of transferring in joint names.
Step 3 – Refinance Home Loan Into Both Names
Tell your lender you want to add your partner. You will need to consider discharging your current loan and applying for a new one together. Your partner’s finances will impact the new loan.
Step 5 – Submit New Title Ownership Paperwork
After the loan is approved, the solicitor will draw up the transfer of title papers for your state and get it all registered. The lawyer will provide the following documentation:
- Completed property transfer application
- Original title certificate
- Discharged mortgage and new loan papers
Step 6 – It’s all settled!
Your new loan has been set up in joint names, the title transferred, and you and your partner now own the property together!
Key Financial Impacts Of Adding Your Partner To Your Property Title
- Loan eligibility uses both your incomes. Talk to a mortgage broker to learn about the specifics.
- Most states don’t require stamp duty for partner transfers, but conditions sometimes apply.
- Exiting a fixed-rate loan early can involve significant costs. While discharge and administration fees may range from around $500 to $5,000, the real break costs (also called early repayment adjustments) can be much higher. Depending on your loan size, the time left on your fixed term, and changes in market interest rates, these costs can run into the tens of thousands of dollars
- Refinancing often resets mortgage insurance terms. If your loan-to-value ratio is over 80%, you may be required to pay lenders’ mortgage insurance.
What Happens If the Relationship Breaks Down Later?
Adding a partner to the title changes more than paperwork — it links your financial futures. So it’s smart to prepare for every scenario, including the worst.
Binding Financial Agreements (BFA)
It is wise to have a binding financial agreement in place. Think of a Binding Financial Agreement as a “prenup” for your home. It clearly outlines:
- What happens to the property if you separate
- Who gets what portion of the home
- How you’ll handle refinancing or buyouts
Sample Clause:
“In the event of separation, Property A will be sold and the net proceeds divided 60/40.”
A BFA can reduce legal costs and avoid arguments later.
Speak to a family lawyer before transferring title — especially if you contributed unevenly to the deposit or repayments
What Happens to the Property If We Separate?
If you break up after adding your partner, you have a few options:
- Sell the property and split the proceeds
- Buy out your partner’s share (requires refinancing)
- Continue joint ownership under a formal arrangement
Disputes can get expensive. That’s why clarity upfront — via BFA or will — can protect both parties.
Read more: How to calculate buying someone out of a house in Australia
BONUS: Frequently Asked Questions
If it doesn't work out, can I add a parent or sibling to the title instead of my partner?
The short answer is yes, you can, but lending restrictions will still apply. Also, keep in mind that the stamp duty exemptions will likely not apply because they’re generally only available if you’re a partner or de facto and you’re living together. Exemptions are not available if it’s a brother, sister, or other type of relationship. So keep that in mind; the cost could be a little bit higher if you’re looking at transferring to a parent or sibling.
What if we're not married? Does that matter?
In Australia, marital status doesn’t generally impact property rights. De facto couples have similar legal standings in most situations. Again, this isn’t legal advice, so seek specific legal advice if this is your situation.
My partner has a bad credit score. Are we completely out of options?
Unfortunately, there are no easy fixes to this. If they have old default issues from the past, which could take time to fix, it could be worth speaking to a credit repair agency. We’ve seen defaults get removed many times if they’ve not followed the correct processes, so there are ways to fix that. The credit repair agency can potentially help your partner build their credit score back up so they can get in a position to refinance in a couple of years.
How much is stamp Duty?
Stamp duty exemptions are available if you’re buying with a spouse or de facto partner. The only caveat is that it has to be your principal place of residence, which we mentioned earlier. It’s not available on investment properties. Seek advice on this to triple-check before you start the process.
Next Steps To Adding Your Partner To Your Property Title
Putting a solely owned home into both names makes you both legal owners and cements your financial commitment. Refinancing mortgages often goes along with it. Get tailored legal and financial advice before adding your partner.
At Hunter Galloway, we can help you review your financial situation and ensure you have no unexpected issues with refinancing your home loan. Contact us for a Free Assessment or give us a call on 1300 088 065.
Disclaimer: This article is general in nature and shouldn’t be considered specific advice. If you’re looking at adding your partner to the title, get in touch with our team, and for the legal and taxation side of things, speak to an accountant and lawyer.
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