Title & Ownership Changes

Q: Do I have to pay stamp duty to change the name on my title?

No. Updating your own name on the title, for example after marriage, divorce or a formal change of name, does not transfer ownership, so there is no transfer (stamp) duty. It is lodged as a request to record the change, supported by your marriage certificate, divorce papers or change-of-name certificate. There are still modest disbursements for lodgement and searches, which we set out upfront.

Q: Can I transfer my property to my spouse without paying duty?

Often, yes. Where you are transferring an interest in your principal place of residence to or between spouses or de facto partners, so you hold it together as joint tenants or as tenants in common in equal shares, a full transfer duty exemption is generally available under the Duties Act 1997 (NSW). The exemption has conditions, so we confirm you qualify and claim it correctly. Transfers of investment properties or unequal shares may still attract duty.

Changing Who’s on the Title — Without a Sale. We Make It Correct, Compliant and Stress-Free.

Change of name, spousal transfers, survivorship and joint-tenancy changes — all handled by a property lawyer.
We act for you, the owner — not the other side, and not a bank.
Fixed-fee pricing, with duty exemptions checked and claimed where they apply.
Dealings prepared correctly and lodged electronically through PEXA and NSW Land Registry Services.
NSW property — Real Property Act 1900 (NSW) Torrens title.

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Property lawyer updating the ownership recorded on a NSW property title

Non-sale dealings on your title

Updating Your Title When Life Changes — Not Just When You Sell

Not every change to a property title involves a sale. Sometimes the property stays in the family and it is the ownership record that needs to catch up with life — a marriage, a separation, a change of name, or the death of a co-owner.

In New South Wales, the title register is maintained under the Real Property Act 1900 (NSW), and the register is what counts: until a change is formally lodged and registered with NSW Land Registry Services, the old ownership details still stand — whatever your circumstances are in real life. Getting the right dealing prepared, executed and lodged is a legal task, and small errors can be expensive to unwind later.

Corporate Legal prepares and lodges these dealings for you: we confirm what needs to change, identify the correct instrument, claim any duty exemption you’re entitled to, and settle the change electronically through PEXA. Because a qualified property lawyer runs the file, we can also flag the estate-planning, duty and tax questions these changes raise — so you make the change with your eyes open.

Corporate Legal provides legal and conveyancing services only — not financial, taxation or investment advice. Changing who is on a title can have stamp duty, capital gains tax and estate-planning consequences. We identify the legal issues and any duty exemption; whether a change is right for your tax position or estate plan is a decision for you together with your accountant or licensed adviser.

Need to update who’s on your title? Tell us what’s changed

What we handle

The Title Changes We Take Care Of

Each of these is a different dealing on the title, with its own form, evidence and duty treatment. Here’s what each one covers — and we’ll confirm exactly which applies to you.

Change of Name on Title

Updating an owner’s name after marriage, divorce or a formal change of name — so the register matches your legal identity. Ownership doesn’t change, so there’s no transfer duty; it’s lodged as a request to record the change, supported by your marriage, divorce or change-of-name evidence.

No transfer duty

Transfer Between Spouses or Partners

Adding a spouse or de facto partner to the title, or transferring an interest between you. Where the property is your principal place of residence, a full transfer duty exemption may be available under the Duties Act 1997 (NSW); other family transfers are generally dutiable on market value.

PPR duty exemption may apply

Removing a Deceased Proprietor

Updating the title after a co-owner passes away. For joint tenants, a Notice of Death transfers the property to the survivor automatically. For tenants in common, a Transmission Application passes the share to the deceased’s legal personal representative (executor or administrator) to deal with under the will.

Survivorship & transmission

Severing a Joint Tenancy

Converting a joint tenancy into a tenancy in common — so each owner holds a distinct, separately-willable share instead of the survivor automatically taking the whole. Commonly done for estate planning, or when a relationship changes. Registered as a transfer severing the joint tenancy.

Estate-planning move

Gifting or Family Transfers

Transferring the property, or a share of it, to a child or other family member — whether for succession, restructuring or support. There’s usually no sale price, but transfer duty is generally assessed on the property’s market value, so a valuation is normally required. We handle the transfer and the Revenue NSW side.

Duty on market value

Separation & Relationship-Breakdown Transfers

Transferring one partner’s interest to the other following a separation or divorce. Where the transfer is made under a binding financial agreement or court order on the breakdown of a marriage or de facto relationship, a transfer duty exemption is generally available under the Duties Act 1997 (NSW).

Breakdown exemption may apply

What does it cost? Each of these is a fixed-fee service — for example, a change of name is a set fee plus modest disbursements. Full figures for every title change are on our pricing page.

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Who this is for

Owners in a Moment of Change

Couples & Families

Newlyweds putting both names on the title, partners adding a de facto, or parents passing a property down — where the change stays within the family and duty exemptions may apply.

Add a spouse or partner
Update a name after marriage
Transfer to children or family

Executors & Beneficiaries

Family members and legal personal representatives dealing with a property after a death — whether title passes automatically by survivorship or must be transmitted through the estate.

Notice of Death for joint tenants
Transmission to an executor/administrator
Transfers to beneficiaries under a will

Estate & Structure Planners

Owners restructuring how a property is held — severing a joint tenancy, aligning title with a will or a family arrangement, or working alongside an accountant on a wider plan.

Sever a joint tenancy
Align title with your estate plan
Co-ordinate with your adviser

Why it matters

Why Getting the Title Change Right Matters

A title change looks like paperwork, but the details carry real legal and financial weight. Here’s what careful handling protects you from.

Paying Duty You Didn’t Need To

Spousal and relationship-breakdown transfers can be fully exempt from transfer duty — but only if the exemption is correctly identified and claimed. Miss it, and you can pay ad valorem duty on the whole value for nothing.

Wrong Instrument, Rejected Dealing

A change of name, a Notice of Death and a Transmission Application are all different dealings with different evidence. Lodge the wrong one and NSW Land Registry Services will requisition or reject it — costing time and, in estate matters, sometimes more.

Unintended Survivorship Outcomes

Joint tenants don’t leave their share by will — the survivor automatically takes the whole. If that’s not what you intend, the title needs to be severed before it’s too late, not discovered afterwards.

Overlooked Tax Consequences

Transfers can trigger capital gains tax, and some duty exemptions have strict conditions. We flag these so you can get advice from your accountant before you commit — not after the change is registered.

Estate Delays & Missing Authority

Transmission to a legal personal representative usually needs a grant of probate or letters of administration. Getting the sequence right keeps the estate moving and avoids a title stuck in limbo.

Mortgage & Third-Party Consents

If there’s a loan over the property, the lender’s consent is usually needed before ownership changes. We identify who has to agree and manage those consents so the dealing can actually register.

Tell us what’s changed — we’ll confirm the right dealing and any exemption.

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How we work

How a Title Change Works With Us

Tell Us What’s Changed

Book a short consultation. We confirm how the property is currently held, what you want the title to say, and the reason for the change — marriage, death, separation or planning.

Confirm the Dealing & Duty

We identify the correct instrument, check the title and any mortgage, and work out the duty position — including any exemption you’re entitled to — then confirm your fixed fee.

Gather the Evidence

We tell you exactly what’s needed — marriage or change-of-name certificate, death certificate, grant of probate, a valuation, or lender consent — and prepare the dealing and any Revenue NSW forms.

Sign & Verify Identity

You sign the dealing and we complete the identity verification the register requires. Where duty applies, we arrange assessment or the exemption with Revenue NSW.

Lodge & Register on PEXA

We lodge the dealing electronically through PEXA and NSW Land Registry Services, and confirm the moment the register is updated.

Confirm & Hand Over

We send you confirmation of the updated title and keep a record on file — and flag anything you should raise with your accountant or estate planner next.

Ready to update your title? Start with a quick consultation.

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Why Choose Corporate Legal for Title Changes

A Lawyer, Not Just a Conveyancer

Title changes often touch estate, family and tax issues. A qualified property lawyer runs your file, so the legal questions are spotted — not missed.

We Claim Every Exemption

Spousal, relationship-breakdown and estate dealings can attract full or nominal duty. We identify what applies and claim it correctly with Revenue NSW.

Fixed-Fee Pricing

A clear, upfront fee for your dealing — set out on our pricing page — so you know the cost before we start, with no surprises.

We Act for You

On a title change there’s only one side we’re on: yours. We look after your interest as the owner, start to finish.

Estate-Aware

Deaths, survivorship and severances sit right where property law meets estate planning. We handle the title and point you to what to review next.

Lodged Electronically

We prepare and lodge your dealing through PEXA and NSW Land Registry Services — correct, compliant and tracked to registration.

Make the change with a property lawyer on your side.

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Part of a Complete Property & Legal Service

Title and ownership changes rarely sit on their own. Because we also handle buying and selling, examine strata reports, advise on property structuring, and litigate co-ownership and estate-related property disputes, we can support you whether you’re updating a title today or planning a bigger move. See our transparent fixed fees for every title change on the pricing page.

Explore: Conveyancing · Pricing · Co-Ownership & Caveat Disputes · Property Law · SMSF Conveyancing

Frequently Asked Questions

Do I have to pay stamp duty to change the name on my title?

No. Updating your own name on the title — for example after marriage, divorce or a formal change of name — doesn’t transfer ownership, so there’s no transfer (stamp) duty. It’s lodged as a request to record the change, supported by your marriage certificate, divorce papers or change-of-name certificate. There are still modest disbursements for lodgement and searches, which we set out upfront.

Can I transfer my property to my spouse without paying duty?

Often, yes. Where you’re transferring an interest in your principal place of residence to or between spouses or de facto partners — so you hold it together as joint tenants or as tenants in common in equal shares — a full transfer duty exemption is generally available under the Duties Act 1997 (NSW). The exemption has conditions, so we confirm you qualify and claim it correctly. Transfers of investment properties or unequal shares may still attract duty.

A co-owner has passed away — what do I need to do?

It depends on how the property was held. If you owned it as joint tenants, the property passes to you automatically by survivorship, and we lodge a Notice of Death to update the register — no duty and no probate needed. If you owned it as tenants in common, the deceased’s share passes through their estate: we lodge a Transmission Application to their legal personal representative (usually needing a grant of probate or letters of administration), who then deals with the share under the will. We’ll check the title and tell you which path applies.

What’s the difference between joint tenants and tenants in common?

Joint tenants own the whole property together, and when one dies the survivor automatically takes their share — it can’t be left by will. Tenants in common each own a distinct share (equal or unequal) that they can leave to whoever they choose. Which one you are is recorded on the title, and it matters a great deal for estate planning.

Why would I sever a joint tenancy?

Severing a joint tenancy converts it into a tenancy in common, so each owner holds a separate share that passes under their will rather than automatically to the other owner. People do this for estate planning — for example, to leave their share to children from an earlier relationship — or when a relationship is changing. It’s a registered dealing on the title, and we can prepare and lodge it for you.

Do these changes affect my tax?

They can. Transferring property, or a share of it, can trigger capital gains tax, and some duty exemptions have conditions attached. We handle the legal and duty side, but we’re not tax or financial advisers — so where a change may have CGT or estate consequences, we flag it and recommend you confirm the position with your accountant before you proceed.

How much does a title change cost?

Each title change is a fixed-fee service, plus modest disbursements for lodgement, searches and any certificates. A change of name is our simplest and most affordable; transfers involving duty or an estate involve a bit more work. The current fixed fees for every title change are set out on our pricing page, and we confirm your exact fee in writing before we start.

Can you handle everything online, or do I need to come in?

Most of it is done remotely. We can take instructions, verify your identity and arrange signing without you needing to attend in person, and we lodge the dealing electronically through PEXA. For estate matters we’ll let you know if any original document — such as a grant of probate — is needed.

Not sure which change you need? We’ll work it out with you.

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Update Your Title With a Property Lawyer on Your Side

Whether you’re adding a partner, changing a name, dealing with the loss of a co-owner or planning ahead by severing a joint tenancy, the safest way to change a NSW title is to have a property lawyer prepare and lodge the dealing — with every duty exemption claimed and every step done right. Corporate Legal delivers fixed-fee title and ownership changes across New South Wales.

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