Does adding my spouse to the title cost anything if we qualify for the exemption?

You will not pay stamp duty if you meet your state's exemption criteria, but there are still other costs. You will need to pay a land registry transfer registration fee (typically $150–$350 depending on the state), conveyancer or solicitor fees ($800–$2,500), and potentially a property valuation fee if the revenue office requires one. If you have a mortgage, there may also be loan restructure fees from your lender.

Can I add my child to the property title without paying stamp duty?

No. There is no parent-to-child stamp duty exemption in any Australian state or territory. The transfer is treated as a standard property transaction and stamp duty is calculated on the market value of the share being transferred, regardless of whether any money changes hands. For example, adding your child as a 50% owner of a property worth $800,000 means stamp duty is assessed on $400,000.

What if my partner and I are not married — do de facto couples qualify?

Yes, de facto couples qualify in all states and territories. However, most states require the de facto relationship to have existed for a minimum of 2 years (NSW, QLD, and WA explicitly state this). Victoria requires a 12-month residence period after transfer. In practice, you will need to provide evidence of your relationship, such as joint bank accounts, shared bills, or statutory declarations.

Can I add a name to an investment property title without paying stamp duty?

No. The spousal/partner stamp duty exemption in every Australian state is limited to the principal place of residence. If the property is an investment property, holiday home, or commercial property, full stamp duty applies on the market value of the share being transferred. This is one of the most common misconceptions — many people assume their marriage or de facto relationship is enough, but the property itself must be your home.

Does my mortgage lender need to approve the title change?

Yes. If there is a mortgage on the property, your lender must consent to any change of ownership on the title before the transfer can be registered. The new co-owner will typically need to be added to the loan, which involves a credit assessment. You cannot simply change the title and inform the lender afterwards — failing to obtain consent can constitute a breach of your mortgage contract.

Is there a CGT liability when I add my spouse to our home?

Technically, transferring a share of your property is a CGT event (CGT event A1). However, if the property has always been your main residence, the main residence exemption will cover the capital gain, meaning no CGT is payable. For investment properties, CGT applies on any gain between your original cost base and the market value at the time of transfer. There is no CGT rollover for voluntary spouse transfers — the rollover only applies to relationship breakdown transfers under the Family Law Act.

What if I only want to transfer 25% instead of 50%?

Most states require the transfer to result in equal shares (50/50) for the spousal exemption to apply. The ACT is the notable exception — it allows proportionate shares if they reflect each party's financial contribution towards the property. If you transfer an unequal share in other states, you may not qualify for the exemption and full stamp duty could apply on the market value of the share transferred. Check with your state revenue office or conveyancer before proceeding.

How long does the process take?

From start to finish, adding a name to a property title typically takes 4 to 8 weeks. This includes engaging a conveyancer (1 week), obtaining lender consent if applicable (2–4 weeks), lodging the exemption application with the revenue office (1–2 weeks for assessment), and registering the transfer with the land registry (1–2 weeks for processing). The timeline is longer if a formal property valuation is required or if the lender's approval process is slow.

Adding a Name to Your Property Title: Stamp Duty Rules

When adding someone to your property title triggers stamp duty, which states offer exemptions, and the full process from start to finish.

Updated for FY 2025-26

What Triggers Stamp Duty When You Add a Name?

Adding a name to a property title is not a simple administrative change. In the eyes of state revenue offices, it is a transfer of interest — you are transferring a share of the property to another person. This makes it a dutiable transaction, even if no money changes hands.

For example, if you own a property worth $800,000 and you add your partner as a 50% co-owner, you are transferring $400,000 worth of property to them. The revenue office assesses stamp duty on the market value of the share being transferred — not on whatever (if any) amount the new co-owner pays you. This is known as the market value substitution rule.

The good news is that every state and territory offers a stamp duty exemption for transfers between spouses or de facto partners, provided certain conditions are met. The bad news is that these exemptions have strict eligibility requirements, and transfers to children or other family members are not exempt in any state.

What this means in dollars

On an $800,000 property in NSW (transferring 50%)

Without the spousal exemption, you would pay stamp duty on $400,000 — approximately $13,247

With the spousal exemption (PPR, equal shares, married/de facto), the transfer is fully exempt and you pay $0 in stamp duty.

Spousal & Partner Exemptions by State

All eight Australian states and territories offer a stamp duty exemption when transferring a share of your principal place of residence to your spouse or de facto partner. The specifics vary — some states require a minimum relationship duration, others impose a post-transfer residence requirement — but the core concept is the same: if you are adding your partner to the family home, you probably will not pay stamp duty.

State	Exemption	Key Conditions	Investment Property
NSW	Full exemption	PPR, equal shares, married or de facto (2+ years)	No exemption
VIC	Full exemption	PPR, no consideration, 12-month residence requirement	No exemption
QLD	Full exemption	PPR, gift, equal shares, married or de facto (2+ years)	No exemption
WA	Full exemption	PPR, equal shares, married or de facto (2+ years)	No exemption
SA	Full exemption	Shared residence, spouse or domestic partner	No exemption
TAS	Full exemption	PPR, equal shares, married or significant relationship	No exemption
NT	Full exemption	Family home, joint names, married or de facto	No exemption
ACT	Full exemption	PPR, partner transfer, proportionate shares allowed	No exemption

PPR = Principal place of residence. All exemptions require the property to be used as the couple's home. Conditions are summarised — check with your state revenue office for full eligibility criteria.

Key state differences to be aware of

VIC

Victoria imposes a 12-month residence requirement after the transfer. At least one person in the relationship must live in the property as their principal residence for a continuous 12 months, starting within 12 months of the transfer date. If this is not met, duty becomes payable within 30 days. The SRO audits these claims, sometimes years later.

ACT

The ACT is the only jurisdiction that allows proportionate shares (not just equal). You can transfer a share that reflects each party's actual financial contribution towards the property. All other states require equal (50/50) ownership for the exemption to apply.

NSWQLDWA

De facto partners must have been in the relationship for a minimum of 2 years to qualify for the exemption. Be prepared to provide evidence such as joint bank accounts, shared utility bills, or statutory declarations.

Try this scenario

Use our Refinance & Transfer calculator to check whether your specific transfer scenario triggers stamp duty — including spouse transfers, inherited property, and related party sales.

Check your transfer scenario

Adding a Child to the Title

There is no stamp duty exemption for transferring property to a child in any Australian state or territory. Whether your child is 18 or 50, the transfer is treated as a standard property transaction and the market value substitution rule applies.

This means if you add your adult child as a 50% owner of a property worth $900,000, stamp duty is calculated on $450,000 — regardless of whether they pay you anything. In NSW, that would be approximately $15,497 in stamp duty. In Victoria, approximately $17,870.

Beyond stamp duty, adding a child to the title also triggers a CGT event. If the property is your main residence, the CGT main residence exemption covers your share, but the child's cost base for their portion is set at the market value at the date of transfer — which has implications if they later sell.

Think carefully before adding a child to the title

Adding a child as a co-owner means they have a legal interest in the property. This can create complications if they go through a relationship breakdown, face bankruptcy, or disagree with you about the property's future. Speak to a solicitor about whether a testamentary trust or simple will provision might achieve your goal more safely.

Investment Property Transfers

The spousal stamp duty exemption does not apply to investment properties, holiday homes, or commercial property in any state. If you want to add your partner to the title of a rental property, full stamp duty is payable on the market value of the share being transferred.

This creates a double tax hit: stamp duty on the transfer and a potential CGT liability for the person transferring the share (because the main residence exemption does not apply to investment properties). The person receiving the share acquires it at market value as their cost base, but the transferor may face an immediate CGT bill with no corresponding cash proceeds.

What this means in dollars

On a $700,000 investment property in VIC (transferring 50%)

Approximately $14,870 in stamp duty on the $350,000 share

Plus potential CGT for the person transferring the share, calculated on the capital gain since they originally bought the property.

If you're considering this for tax structuring purposes (e.g., splitting rental income), speak to a tax accountant first. The stamp duty and CGT costs can easily outweigh several years of income tax savings from splitting rental income between two taxpayers.

Relationship Breakdown Transfers

Property transfers that result from a relationship breakdown receive different treatment from voluntary transfers. If the transfer is made under a Family Court order, binding financial agreement (BFA), or other qualifying instrument under the Family Law Act 1975, the transfer is exempt from stamp duty in all states.

Unlike the spousal exemption for voluntary transfers, the relationship breakdown exemption is not limited to the principal residence. It applies to all property types — including investment properties, commercial premises, and vacant land — as long as the transfer is genuinely pursuant to the relationship breakdown.

For CGT purposes, transfers under the Family Law Act also qualify for rollover relief under Subdivision 126-A of the Income Tax Assessment Act 1997. This means CGT is deferred until the person receiving the property eventually sells it — they inherit the original cost base and acquisition date.

Informal agreements do not qualify

A verbal agreement or handshake deal between separating partners is not sufficient for the stamp duty exemption. The transfer must be pursuant to a formal court order or binding financial agreement. Without a qualifying instrument, the standard stamp duty rules apply — meaning duty is payable on the market value of the share transferred.

Capital Gains Tax Implications

Transferring a share of property — even as a gift — is a CGT event A1 (disposal of a CGT asset). The ATO treats you as having received the market value of the share transferred, regardless of whether any money actually changes hands.

Your main residence (PPR)

If the property has always been your main residence, the main residence exemption covers the capital gain and no CGT is payable. The person receiving the share acquires it at market value as their cost base.

Investment property

Full CGT applies on the difference between the original cost base and the market value at the date of transfer. The 50% CGT discount applies if the property has been held for more than 12 months. There is no CGT rollover available for voluntary transfers between spouses — the rollover only applies to relationship breakdown transfers under the Family Law Act.

Relationship breakdown

Transfers under the Family Law Act qualify for CGT rollover relief (Subdivision 126-A). The gain is deferred and the receiving spouse inherits the original cost base and acquisition date. This applies to all property types, not just the family home.

For property investors, your marginal tax rate determines how much CGT you actually pay. You can calculate your marginal tax rate or use our Relationship Breakdown CGT Rollover Calculator to check if your transfer qualifies for rollover relief.

Refinance & Transfer Calculator

Check whether your specific transfer scenario triggers stamp duty — covers spouse transfers, inherited property, and family member sales across all 8 states.

The Process: Step by Step

Adding a name to a property title is a legal property transfer. It is not a quick administrative change — expect the process to take 4 to 8 weeks and involve multiple parties. Here is what is involved:

Engage a conveyancer or solicitor

You need a property lawyer or licensed conveyancer to handle the transfer. They will prepare the transfer documents, verify your exemption eligibility, and manage the lodgements. Cost: typically $800–$2,500.

Get mortgage lender consent (if applicable)

If the property has a mortgage, the lender must approve the change of ownership. The new co-owner usually needs to be added to the loan, which requires a credit assessment and may involve loan restructure fees. This step can take 2–4 weeks.

Obtain a property valuation (if required)

The revenue office may require a current market valuation from a registered valuer. Even if claiming an exemption, the dutiable value must be established. Your conveyancer can advise whether a formal valuation is necessary.

Lodge the stamp duty exemption application

Your conveyancer lodges the exemption application (using the relevant form for your state) with the state revenue office. The application is assessed and, if approved, a stamp duty exemption certificate is issued.

The Transfer of Land document is lodged with the state land registry (electronically via PEXA in most cases). A transfer registration fee applies ($150–$350 depending on the state). The new title reflecting both names is typically issued within 1–2 weeks.

Common Mistakes to Avoid

Assuming all spousal transfers are exempt

The exemption only applies to your principal place of residence. Adding your spouse to an investment property, holiday home, or commercial property attracts full stamp duty in every state. “We're married” is not enough — the property type matters.

Not getting lender consent first

Changing the title without your mortgage lender's written approval can breach your loan agreement. Always contact your lender before starting the process. Some lenders will not add a name without a full loan reassessment.

Ignoring the CGT implications on investment property

Transferring a share of an investment property triggers a CGT event. The transferor is deemed to have received market value, potentially creating a tax bill with no cash income to fund it. Run the numbers with your accountant before committing.

Transferring unequal shares without checking your state's rules

Most states require the transfer to result in equal ownership (50/50) for the exemption to apply. If you transfer a 30% or 70% share, you may lose the exemption entirely. The ACT is the exception, allowing proportionate shares.

Relying on an informal separation agreement

The relationship breakdown stamp duty exemption requires a formal court order or binding financial agreement. A verbal agreement or informal written arrangement between ex-partners does not qualify. Without the right paperwork, full stamp duty applies.

Frequently asked questions

Sources

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