To change the name on the title of a house in Australia, you will need to complete the following steps:
Step 1: Determine the Reason for the Name Change
- Marriage or Divorce: A new deed is typically required to reflect the name change due to marriage or divorce. Official marriage or divorce documents will be necessary.
- Legal Name Change: If you’ve changed your name legally, you’ll need the legal name change document from the Australian government or a court order.
- Transfer of Ownership: Whether due to sale, inheritance or as a gift, a change in ownership requires a new title deed.
Step 2: Seek Legal Advice or Conveyancing Services
Given the legal complexities, consulting a solicitor or professional conveyancer is wise. They can advise, ensure forms are correctly completed, and help prevent costly errors.
They can also conduct a title search and offer insight into any constraints, covenants, or obligations tied to the property.
Step 3: Obtain the necessary forms
The forms you need to complete will vary depending on the state or territory where your house is located.
However, most states and territories require you to complete a form called a “Transfer of Land” form. You can obtain the necessary forms from the land registry office in your state or territory.
Step 4: Have the forms signed by all parties involved
The current house owners and the new owner(s) must sign the forms. The lender must also sign the forms if the house has a mortgage.
Step 5: Pay the required fees
There is a fee for changing the name on the title of a house. The fee varies depending on the state or territory where your house is located.
Step 6: Submit the forms and fee to the land registry office
Once you have completed the forms and paid the fee, you must submit them to the land registry office in your state or territory.
Once the land registry office has processed your application, they will issue a new certificate of title with the new owner’s name on it.
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How Long Does It Take To Change The Name On The Title Of A House?
The time it takes to change the name on the title of a house in Australia can vary depending on the state or territory in which the house is located, as well as the current workload of the land registry office.
However, the name change typically takes around 2-3 weeks to process.
Here is a breakdown of the steps involved in changing the name on the title of a house in Australia and the estimated timeframes for each step:
- Gather the required documentation: This includes the Transfer of Land form, the certificate of title, and proof of identity for all parties involved. (1-2 days)
- Obtain the lender’s consent: If there is a mortgage on the house, you will need to obtain the lender’s consent before changing the name on the title. (1-2 weeks)
- Submit the documentation to the land registry office: Once you have gathered all the required documentation and obtained the lender’s consent, you can submit the documentation to the land registry office in your state or territory. (1-2 days)
- Process the name change: The land registry office will then process the name change. This can take 1-2 weeks, depending on the current workload.
- Issue the new certificate of title: Once the name change has been processed, the land registry office will issue a new certificate of title with the new owner’s name. (1-2 days)
It is important to note that these are just estimated timeframes. The actual time it takes to change the name on the title of a house may vary depending on the specific circumstances of your case.
Also read: Who Can Add Name To Property Title in Australia?
Can I Change The Name On The Title Of A House If There Is A Mortgage On It?
Yes, you can change the name on the title of a house if there is a mortgage on it in Australia. However, you must obtain the lender’s consent before doing so.
To obtain the lender’s consent, you must provide them with a copy of the Transfer of Land form and the certificate of title. You may also need to provide them with a copy of the mortgage agreement and proof of identity for the new owner(s).
Once the lender has consented, you can submit the Transfer of Land form and the certificate of title to the land registry office in your state or territory.
Here are some additional things to keep in mind when changing the name on the title of a house with a mortgage in Australia:
- The lender may charge a fee for consenting to the name change.
- The name change may affect the terms of your mortgage, such as the interest rate or the loan term.
- You must update your insurance policy to reflect the new owner(s).
- You may also need to notify your local council and other relevant authorities of the name change.
Also read: Name on Mortgage but Not on Title Australia
Successful Property Title Transfer for Client Post-Divorce
Our client approached Walker Pender after her divorce, seeking to transfer the marital house title solely into her name.
We swiftly initiated the process, liaising with the relevant financial institutions to obtain the mortgage details.
After reviewing the divorce settlement, our team prepared the necessary documentation, ensuring all legal requisites were impeccably addressed.
We facilitated the required consent from the mortgage lender, streamlining communications between all parties.
By efficiently filing the transfer documents with the Land Titles Office, we secured the title change in our client’s favour, reflecting her sole ownership seamlessly and without undue stress.
How To Change Name On Title Of House in Australia?
Embarking on the process of changing a name on a property title can be daunting. With Walker Pender, it doesn’t have to be.
Our experienced team is here to navigate the complexities for you. From initial consultations to finalising documentation, we’re your steadfast partners in achieving a seamless transition.
Contact Walker Pender today and take the first step towards secure, hassle-free property ownership changes. Your peace of mind is our priority.
