TAS Adding a name to house deeds.

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Glyn57

Active Member
1 July 2019
5
0
31
My husband and I have been married for 43 years, however, the home we have lived in all the time has only been in his name. What do we need to do to add my name to the deeds under property law? We have owned our home for 20+ years. Just having one name was an oversight at the time. Hope someone can point us in the right direction. Many thanks.
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
So marriage is good? no plans of party company?
Look hubby's will is gonna be important.

I reckon, the only way to get it done would be via a solicitor. Well, I know that is the only way. (with a fair degree of certainty....) So I wonder if the $$ is worth spending
 
  • Like
Reactions: Glyn57

Glyn57

Active Member
1 July 2019
5
0
31
Thanks for replying. Yes marriage good. We both have had wills for many years. Hub is 72 and I'm 62. We recently upgraded a car and was told to put into both names and given the reasons why. We then thought about the house and being just in my husband's name we wondered if worth while to alter. Our wills are very basic...leaving all to the surviving spouse. The deeds are held at our solicitor's office so maybe a call to him will give us peace of mind?
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
Should be fairly straight forward... As you are married you should also be granted an exemption from transfer duties as well... IF the property is under finance in one name only though, that could be a problem because then the lender may require you to refinance & issue a new mortgage in both names... That would be under the new stricter lending guidelines too..

Call your lender if you have a loan & the land titles office in your state for certainty..
 
  • Like
Reactions: Glyn57

Glyn57

Active Member
1 July 2019
5
0
31
Thank you. We have owned the house outright for many years. No mortgage. My husband has been ill the last few years and I think he is now regretting just having it in his name only, especially when he heard about transfer duties and such. I will contact our solicitor though just for peace of mind. Thank you for responding.