Adding or removing a name on a property title

Joint tenants and tenants in common

Joint tenants own the whole property together, in equal shares.

When one joint tenant dies, the survivor automatically takes the share of the one who died. A joint tenant cannot leave their share by will.

Tenants in common each own a set share. Shares can be equal or unequal.

When a tenant in common dies, their share forms part of their estate. It passes under their will, or under the rules that apply when there is no will.

A title search shows which way the property is held.

Adding a name to the title

Adding an owner is a transfer of a share of the property from the current owner to the new owner.

1. Decide what share the new owner will receive, and whether you will hold as joint tenants or tenants in common.
2. Check the duty. A transfer of a share is dutiable on the value of that share, unless an exemption applies. A transfer to a spouse or de facto partner of a share in your principal place of residence, so that you own it in equal shares, can be exempt if the conditions are met.
3. Check the capital gains tax position with your accountant if the property is not your main residence.
4. Speak to your lender. If the property is mortgaged, the mortgage terms decide what consent or refinance is needed.
5. Sign the transfer and register it with NSW Land Registry Services.

Removing a name from the title

Removing a living owner is also a transfer. The owner leaving transfers their share to the owner staying.

After a separation, a transfer made under court orders, a binding financial agreement, or another recognised settlement can be exempt from duty if the conditions are met.

Outside those cases, duty is generally assessed on the share being transferred.

The lender will usually need to be involved where the loan is in both names.

Removing the name of an owner who has died

For joint tenants, the surviving owner can remove the name of the owner who died by lodging a Notice of Death with NSW Land Registry Services, with a certified copy of the death certificate.

Probate is not needed for that step.

For tenants in common, the share of the owner who died goes to their estate. The executor deals with it under the will. Probate or letters of administration is usually needed before the share can be transferred.

Changing from joint tenants to tenants in common

A joint tenant can change a joint tenancy into a tenancy in common without the other owner's agreement. The other owner must be told.

This is called severing the joint tenancy. It is done by registering the right form with NSW Land Registry Services.

After severance, each owner can leave their own share by will.

This step matters on separation, or where you want your share to go to your children rather than to the other owner.

Changing your own name on the title

A change of name, for example after marriage, does not have to be recorded on the title straight away.

It must be dealt with when you sell, mortgage or lease the property. On a sale this is usually done by a statutory declaration. For a mortgage or lease, a change of name form is registered.

Common questions