Adding or Removing a Name on a Property Title
Transfers between partners and family, duty, lenders and the steps involved
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Adding a partner to the title, or taking someone off it, is a transfer of an interest in land. It is treated much like a sale: there is a transfer document, duty may be payable, the lender usually has to agree, and there can be tax consequences.
Optimum Lawyers is a property law firm in Parramatta Square, led by principal solicitor Wisam Assi. We act on purchases, sales, settlements and transfers in every Australian state and territory.

Ask us about changing the names on a title
We offer a free initial contract assessment. It is a brief first look at whether the contract appears ready for a full paid legal review. It is not the full review, and it is not free conveyancing.
Adding a name
- You transfer a share, such as half, to the new owner, either as joint tenants or tenants in common.
- Duty is usually payable on the market value of the share, unless an exemption applies. In NSW some transfers of the home between spouses are exempt.
- If there is a mortgage, the lender must consent and will usually want the new owner on the loan.
Removing a name
- The person leaving transfers their share to the remaining owner or owners.
- Duty, lender consent and tax issues apply in the same way as adding a name.
- After a separation, a transfer under family law orders or a binding financial agreement is usually duty free. See property after separation.
After a death
If a joint tenant dies, the survivor does not need a transfer. The name is removed by lodging an application with the death certificate. If the deceased was a tenant in common, their share passes under their will. See deceased estate property.
Tax and other issues
A transfer can trigger capital gains tax for the person giving up a share, even with no money paid, and it can affect first home buyer concessions and land tax. Check with your accountant before you sign.
What clients say
“Wisam at Optimum Lawyers recently helped me through the purchase of an investment property. He knows exactly what he's doing and what to look out for”
David Muscat, Google review
Questions about changing names on a title
Do I pay stamp duty to add my partner to my house title?
Often yes, on the value of the share. In NSW some transfers of the home between spouses are exempt.
Can I remove my ex from the title?
Only with their signature on a transfer or a court order. After a separation it is usually done under family law orders.
How do I remove a deceased joint tenant from the title?
By lodging a survivorship application with the death certificate. No transfer is needed.
Does the bank need to approve a change of names?
Yes, if there is a mortgage. The lender must consent to the transfer.
Related: Property transfers | Joint tenants vs tenants in common | Stamp duty NSW
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