A member asked almost 7 years ago

add children to property title

I am in need a property lawyer who can advise on cheapest and most effective way to add children to our existing property.

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. To include your children’s names on the title to your house, they will need to have an interest or share in the property. This means that you will need to complete and lodge the following forms with your local Land & Property Information (LPI) office:

  • Transfer form 01T – This form records your children’s acquisition of an interest in the property. You will need to indicate whether you and your children are to hold the interest as ‘joint tenants’ or ‘tenants in common’. These terms have a special legal meaning and affect what happens to the property if either you or one of your children dies. You should seek legal advice about the type of co-ownership you want.
  • Notice of sale (NOS) form – This form can be completed online or ordered in hard copy from the LPI website (www.lpi.nsw.gov.au).
  • Original Certificate of Title – This document will be held by you or, if there is a mortgage on the property, the lender.
  • Any mortgage documents – If the property is mortgaged, your children’s acquisition of an ownership interest in the property needs to be reflected in the mortgage documents. You should contact the lender to discuss the proposed transfer as soon as possible.

In NSW, transfer of land duty (formerly called stamp duty) is payable on most transfers of land. Your children will be transferees of land and therefore required to pay duty to the Office of State Revenue (OSR). Duty is calculated based on the total dutiable value of the property subject to the transaction. If your children are not paying money to acquire an ownership interest in the property, you will need to provide evidence of the value of the property. This will require a valuation of the property to be done. Note that the ‘Transfer form 01T’ referred to above must be stamped or marked by the OSR before presenting the form to LPI. More information on stamp duty can be found on the OSR website (www.osr.nsw.gov.au).

Suggested way forward

Dealing with property can be a complicated process. You should speak to a property lawyer about your planned transfer as they can advise you of your legal obligations and assist in the process. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered almost 7 years ago   Legal disclaimer

Melissa Bush
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