How Much Does It Cost to Put a House in Joint Names in Queensland?

Putting a house in joint names? We explain the costs, legal fees, stamp duty, and the pros and cons.

Deciding to share a home with a partner, family member, or business associate is a significant life step. Whether you’re a couple looking to formalise your shared ownership of the family home or two friends embarking on an investment journey, the process of putting a house in joint names is a key legal and financial decision. But for most people, the first question that comes to mind is: “how much does it cost to put a house in joint names?”

At Spot On Conveyancing, we have been helping Queenslanders navigate this process for over 15 years. We know that the costs are not just about legal fees; they involve a range of factors from government charges to potential tax implications. This comprehensive guide will break down all the costs, legal considerations, and the pros and cons of joint ownership, ensuring you have a clear picture of the financial commitment involved.

What Does it Mean to Put a House in Joint Names? Putting a house in joint names means adding another person’s name to the property’s official title. This is a legal process that formalises shared ownership. The costs and implications of this process vary significantly depending on the relationship between the owners and the purpose of the transfer.

The Core Costs: Breaking Down the Financials

The total cost of putting a house in joint names is not a single figure. It’s a combination of different expenses that can vary dramatically based on your specific circumstances. Here’s a breakdown of the key costs.

1. Conveyancing Legal Fees 💰

This is the fee for the professional services of a conveyancing lawyer or solicitor. A lawyer will handle the entire legal process for you, ensuring every step is compliant with Queensland property law. This includes:

  • Preparing and lodging all necessary legal documents with Titles Queensland.

  • Liaising with your bank (if there’s a mortgage) and the Queensland Revenue Office.

  • Providing legal advice on the type of ownership and other implications.

  • Conducting a title search to ensure the property is unencumbered.

Legal fees for a simple transfer of equity (putting a house in joint names) are typically a fixed fee, which can range from a few hundred to over a thousand dollars, depending on the complexity.

2. Government Fees and Charges

These are fees charged by the government for lodging and registering the legal documents.

  • Titles Queensland Lodgement Fee: The official fee for registering the transfer of ownership on the title.

  • Queensland Revenue Office Fees: This is where the cost can vary the most, as it relates to transfer duty (formerly stamp duty).

3. Transfer Duty (Stamp Duty)

This is the most significant potential cost. Transfer duty is a tax on a dutiable transaction, which includes a transfer of property. The amount is calculated based on the market value of the share being transferred. For example, if you transfer half of a $800,000 property, the duty would be not be calculated on $400,000 but rather it would be calculated on the transfer of a half-share interest of the $800,000.

However, there is a major exception: the transfer duty exemption for spouses. This can dramatically reduce or eliminate the cost of a transfer.

  • Spousal Exemption: In Queensland, a full exemption from transfer duty applies if you are transferring an interest in your principal place of residence to your spouse (married or de facto) and the transfer is by way of gift, resulting in them holding a 50% share (or an equal share as tenants in common). This exemption is a game-changer and can save couples tens of thousands of dollars.

    Please see our comprehensive guide on the topic here: How to Transfer Half of Property to Spouse in Queensland

  • Non-Spousal Transfers: If you are transferring a share of a property to a friend, business partner, or family member who is not your spouse, the full transfer duty will almost always apply. You would need to pay the duty on the market value of the share being transferred.

  • Investment Property: The spousal exemption typically does not apply to investment properties. Transferring a share of an investment property, even to a spouse, will usually trigger transfer duty on the market value of the share being transferred.


You can find detailed information on the transfer duty exemptions on the Queensland Revenue Office website.

Ownership Structures: Joint Tenants vs. Tenants in Common

When buying a property in joint names, you have to decide on the ownership structure. This is a critical decision that affects your rights to the property, particularly in the event of a death or a relationship breakdown.

Joint Tenants

This is the most common form of ownership for couples.

  • Key Feature: The “right of survivorship.” If one owner passes away, their share of the property automatically transfers to the surviving owner. It does not form part of their estate.

  • What it means: For a couple, this provides a seamless and automatic transfer of the property to the surviving spouse, simplifying the probate process and ensuring the family home is secure.

  • The downside: You cannot leave your share of the property to someone else in your Will.

Tenants in Common

  • Key Feature: Each owner holds a distinct and separate share of the property. The shares can be equal (50/50) or unequal (e.g., 75/25).

  • What it means: When an owner passes away, their share of the property forms part of their estate and is distributed according to their Will.

  • The downside: This ownership structure can be more complex to manage, especially in the event of a dispute, as each owner’s share is treated as a separate asset.

This is a decision that requires careful consideration. Your conveyancer can advise you on the legal differences, but it is also wise to speak with an estate planning lawyer to ensure your choice aligns with your long-term goals. For many couples, Joint Tenancy is the preferred option due to the simplicity of the “right of survivorship.”

Disadvantages of a House in Joint Names and Other Considerations

While there are many benefits to putting a house in joint names, it’s important to be aware of the potential disadvantages of a house in joint names and other key considerations.

1. Capital Gains Tax (CGT)

The transfer of a share of a property is a “disposal” for tax purposes. If the property is not your principal place of residence, it can trigger a Capital Gains Tax event for the person transferring the share. The ATO will calculate the gain based on the market value of the share, even if it was a gift.

2. Mortgage and Financial Responsibility

When you add a name to a mortgage, both parties become jointly and severally liable for the full debt. This means if one person cannot make their repayments, the bank can pursue the other person for the entire amount.

3. Relationship Breakdown

While no one enters a relationship expecting it to fail, it’s a reality that must be considered. In the event of a relationship breakdown, the division of a jointly owned property can become complex and is typically governed by family law.

4. Gifting Rules and Social Security

For individuals receiving a pension or other government benefits, transferring a share of a property may be considered a “gift” and could affect your eligibility. It’s essential to seek financial advice from a planner or Centrelink directly before proceeding with a transfer.

Case Study 1: The Spousal Transfer and the Stamp Duty Exemption

Mark and Sarah, a married couple, had been living in their Brisbane home for five years. The property was in Mark’s name only, and they decided it was time to add Sarah to the title to formalise their shared ownership.

They contacted Spot On Conveyancing, and our team explained the process. Because the home was their principal place of residence and they were a married couple, they were eligible for the full spousal stamp duty exemption. We advised them to transfer the property to be held as Joint Tenants, which would ensure that if one of them passed away, the property would automatically go to the other.

Our conveyancing lawyers handled the entire process, from getting the bank’s consent to preparing and lodging the transfer documents with Titles Queensland. The total cost for the transfer was limited to our legal fees and the Titles Queensland lodgement fee, as they paid no stamp duty. This was a cost-effective and stress-free way for them to secure their shared future.

Case Study 2: The Non-Spousal Investment and the Tax Bill

Michael and his business partner, David, decided to buy an investment property together in Cairns. Michael, who had some savings, paid the full deposit and purchased the property in his name. A year later, they decided to add David’s name to the title, with each holding a 50% share as Tenants in Common.

They approached us to handle the conveyancing. We immediately advised them that because they were not spouses and the property was an investment, the spousal stamp duty exemption did not apply. The transfer would be subject to full transfer duty on the market value of David’s 50% share. We also informed Michael that the transfer would trigger a Capital Gains Tax event for him on his half of the property, which he was unaware of.

After seeking advice from their accountant, they decided to proceed with the transfer, understanding the tax implications. This case highlights how the cost of putting a house in joint names is not just about legal fees, but also about significant, often unexpected, government taxes that a professional must advise you on.

FAQs: Your Questions Answered

Q: What happens to a jointly owned house when someone dies?

A: This depends on the ownership structure. If the property is held as Joint Tenants, the deceased person’s share automatically passes to the surviving owner due to the “right of survivorship.” If the property is held as Tenants in Common, the deceased person’s share is transferred according to their Will.

Q: Is it better to do joint tenants or tenants in common?

A: For married couples and de facto partners, Joint Tenants is often the preferred choice due to the right of survivorship, which simplifies estate planning. For business partners or unrelated parties, Tenants in Common is usually better, as it allows each person to bequeath their share of the property as they wish.

Q: How do I remove a name from a council joint tenancy agreement?

A: The process for removing a name from a council joint tenancy agreement in Queensland is different from a property title. You would need to contact your local council directly to get the necessary forms and advice. The process is governed by tenancy laws and is generally much simpler than removing a name from a property title.

Q: Can I put a house in joint names if there is a mortgage?

A: Yes, but you must get your lender’s express written consent first. They will need to assess the financial position of the person being added to the title and mortgage.

Conclusion: Get Expert Guidance for Peace of Mind

The cost of putting a house in joint names is a sum of several factors, including legal fees, government charges, and potential tax liabilities. While the final amount can vary, the single most important factor is whether you are eligible for the spousal stamp duty exemption.

At Spot On Conveyancing, we don’t just handle the paperwork. We provide a full-service, stress-free experience that includes expert advice on the best ownership structure for your needs and a clear breakdown of all costs upfront. Our conveyancing lawyers will ensure you don’t face any unexpected tax bills or legal issues down the line.

If you are considering buying a property in joint names or adding a name to an existing title, don’t leave it to chance.
Contact our expert conveyancing team today for a free, no-obligation consultation and let us guide you every step of the way.

About the Author

Ana Nicholas is a senior conveyancing lawyer at Spot On Conveyancing, with over 15 years of experience in property law in Queensland. With an extensive background in legal practice, Ana is passionate about making complex legal processes easy to understand for everyday Queenslanders. Her extensive expertise and commitment to clear communication have made her a trusted advisor for countless families navigating property transactions.


Reputable Sources and Further Reading

  1. Queensland Revenue Office: Transfer duty exemptions
  2. Queensland Law Handbook: Joint ownership of property
  3. Titles Queensland: Transfer of a lot, part of a lot or interest in a lot
  4. Australian Taxation Office (ATO): Capital gains tax
  5. Spot On Conveyancing: Adding a Name to a Property in Queensland
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