In NSW you can usually add your spouse or de facto partner to your home’s title without paying stamp duty (transfer duty), if you end up owning equal shares and it is your principal place of residence. De facto partners must have lived together for two continuous years. The loan is separate: adding your partner as a borrower needs the lender’s approval.

Adding a partner to the title at a glance
Condition for the duty exemption Detail
Relationship Spouse, or de facto partner who has lived with you for 2 continuous years
Property Your principal place of residence, or vacant land for it
Shares after the transfer Equal shares for the couple
Use Solely residential for the full exemption
Not covered Investment properties and holiday homes

When is the transfer exempt from duty?

Revenue NSW exempts a transfer from one spouse or de facto partner to the other when the property is your home and, after the transfer, you each own an equal share, as joint tenants or tenants in common. Section 104B of the Duties Act 1997 sets out the exemption. If one room is used as a home office and the business is mainly run elsewhere, the full exemption can still apply; wider business use may only get a concession.

What if the property is an investment?

The exemption does not apply to investment properties or holiday homes. Transferring a share of one of those is dutiable on the value of the share, and may trigger capital gains tax for the person transferring. Ask your accountant before moving an investment into joint names.

What happens to the home loan?

The title and the loan are separate. If your partner goes on the title only, many lenders still need to consent, because the mortgage is registered over the whole property. If your partner also becomes a borrower, the lender will assess them, and it may mean a new loan or a refinance. The buying with a partner page explains joint borrowing, and the refinancing page covers changing lenders at the same time.

What else should you check?

  • First home buyer status. Once your partner owns a share of a home, they are no longer a first home buyer for NSW duty relief or the First Home Owner Grant.
  • Foreign partners. A partner who is a foreign person may still owe surcharge purchaser duty on the transfer, even if the ordinary duty is exempt.
  • Joint tenants or tenants in common. This decides what happens if one of you dies; see what happens to a mortgage when someone dies.
  • Registration. A conveyancer or solicitor lodges the transfer and the exemption application.

What does it cost?

With the exemption, the main costs are the conveyancer’s fee and the NSW Land Registry Services registration fee for the transfer, $182.73 in 2026-27, plus any lender fees if the loan changes. Without the exemption, duty is worked out on the value of the share transferred.

A worked example

A homeowner in Croydon bought a unit alone in 2021. He and his partner have lived there together since 2023. In 2026 he transfers a half share so they own it equally. Because they have lived together for more than two years and the unit is their home, the transfer is exempt from duty. His lender consents, and they refinance into joint names at the same time to get a lower rate on the combined income.

Questions people ask

Do I pay stamp duty to add my wife to the title in NSW?

Not if the property is your home and you end up owning equal shares. Otherwise duty may apply.

Can I add my partner to the title but not the mortgage?

Often yes, with the lender’s consent. Your partner then owns a share without being liable for the loan.

How long do de facto partners need to live together?

At least two continuous years before the transfer, for this exemption.

Charles Touma handles the loan side of a title change, from lender consent to a joint refinance, alongside your conveyancer. A free 30-minute call covers it. General information only, not legal or credit advice; a NSW solicitor or conveyancer should review your contract.

Sources: Revenue NSW, transfers between spouses and de facto partners; Revenue NSW, surcharge purchaser duty, checked 18 October 2026.

General information only, not credit, legal or tax advice. Your situation is assessed properly before any recommendation. Government scheme details change; figures are current at the time of writing.