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We often get asked about what is involved with adding a spouse on to a title. We generally encourage clients to do this when they refinance as consultation with the mortgagee will be required. In short, the process will involve:

  1. Discharging a mortgage in one owner’s name
  2. Transferring the property from one into two names; and
  3. Getting a loan and registering a new mortgage in both names.

Generally, a person acquiring an interest in a property has to pay stamp duty on the interest being acquired. You may however be entitled to claim an exemption from transfer duty where:

  1. The transfer of an interest in your home is to your spouse
  2. The transfer is by way of gift
  3. After the transfer, you and your spouse will own the entire home as joint tenants or tenants in common in equal shares; and
  4. The home will be your principal residence.

In order to claim the exemption, you will need to complete a dutiable transaction form and a transfer of interest in property to spouse statutory declaration.

The definition of ‘spouse’ includes:

  1. Having a valid and subsisting marriage
  2. Having a valid and subsisting civil partnership; or
  3. Are living in a subsisting de factor relationship and have lived together as a de facto couple for at least two years.

MAP Lawyers would be happy to assist you with this process.

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