Changing Your Title Deed Details

What does it mean to transfer your property titles in South Australia?

Property transfers occur:

• When a property is sold or gifted (e.g. to a family member), 
• If there is a change in the share of the ownership parties (e.g. in the case of a death or divorce). 

A property transfer is the process of officially recording that change (due to sale, share or death of parties) on the Registry.

When a property owner passes away, the ownership details on the property title might require updating. This process, known as a transfer of title due to death, ensures that the property is legally transferred to the surviving owners or the beneficiaries under the Will. If to the surviving owners it is fine to wait until the property is sold and it is not necessary to do it immediately. Here’s a brief overview of how this is generally handled in South Australia, emphasising the need for a conveyancer’s guidance throughout.

The property title does not automatically update upon an owner’s death. Instead, the legal documentation needs to be processed to reflect the change in ownership. While there is no legal requirement to immediately update the title after death, as noted above, managing this sooner rather than later can simplify future transactions, such as selling the property.

Key Steps in the Process

1. Notification and Documentation: The first step involves notifying the necessary institutions and gathering the appropriate legal documents. This includes obtaining a death certificate and the Will specifying the beneficiaries.
2. Engage a Conveyancer: An Adelaide conveyancer can be invaluable in navigating the complexities of property transfers following a death. They will help prepare the property title transfer form and any other required legal documents.
3. Assessment of Fees: Changing title details involves certain fees, such as stamp duty. Your conveyancer will advise you on the costs associated and ensure that all financial obligations are met.
4. Submission to Land Registry: The completed and signed documents need to be submitted to the Land Services SA. This is where the formal change in the title is recorded, officially transferring property ownership.
5. Update of Property Records: Once the transfer is processed, property records are updated to reflect the new ownership structure. This update is crucial for future dealings with the property, whether it’s selling, leasing, or using it as an investment property.

Having a conveyancer handle these details simplifies the process and ensures that all legal requirements are met, avoiding future issues.

Following a Change of Name

Whether your name has changed due to divorce or marriage, because you have reverted to a surname you used before marriage or because it’s been changed legally on a birth certificate, changing your name goes hand-in-hand with changing your title details.

To change your house title details, we strongly advise you to speak to a conveyancer. This is because changing your title details can involve:

• A number of forms being completed 
• Verification of identity (which is subject to a set of requirements)
• Verification of authority (which is subject to a set of requirements)
• Collecting all the necessary documentary evidence and lodging an application

How Long Does It Take to Change a Title Deed?

If the title details are to be changed as a standalone transaction, this will usually take four to six weeks. This timeframe can vary depending on the situation’s specifics and the involved parties’ efficiency. Here’s an overview of the typical steps involved in changing a title deed in Australia and the estimated time it might take for each step:

1. Gather the Required Documentation: Initially, you will need to compile all necessary documents, which include the Transfer of Land form, the current certificate of title, and proof of identity for all parties involved. This can generally be completed within 1-2 days.
2. Obtain the Lender’s Consent: If the property is mortgaged, securing consent from the lender is crucial before making any changes to the title deed. This approval process can take anywhere from one to two weeks, depending on the lender’s responsiveness and the complexity of your mortgage arrangements.
3. Submit the Documentation to the Land Services SA: After gathering all required documentation and obtaining necessary consents, the documents must be submitted to the Land Services SA. This typically takes 1-2 days.
4. Process the Name Change: The land registry office will review and process the name change on the title deed. Depending on the office’s current workload and the complexity of your request, this can take one to two weeks.
5. Issue the New Certificate of Title: After the name change is approved, the land registry office will issue a new certificate of title reflecting the updated ownership details. This usually takes 1-2 days to complete.

It’s important to note that these timeframes are estimates and can vary based on several factors, including the specific requirements of your local land registry office and any unforeseen complications in the documentation or consent process. 

We can provide valuable guidance on legal documents, transfer duty, and other key aspects of property transfers, helping you navigate the transfer process more efficiently.

Transferring property to a spouse

Relationships also change and that might require you to transfer property to a spouse. This process can be quite lengthy and complex, so it’s essential that you engage a conveyancer to make sure you cover all the important details.

It is also important to note that transferring your matrimonial home is usually free of stamp duty, but there are some conditions which need to be met. These include (but are not limited to):

• The couple are or were recently married to each other
• The couple have been living or recently living in a de facto relationship cohabitating in a bone-fide relationship for no less than 3 years.

If you need help changing your title details, your next call is to your conveyancer who will be able to discuss it with you and give you further advice on what to do next. 

With over 45 years experience, Eckermanns Conveyancing Adelaide has earned its reputation as a leader in the conveyancing industry. So if you require assistance with changing your title details, buying or selling a property or or preparing a Form 1 (Vendor statement) in order to sell the property, don’t hesitate to get in touch.