Adding or Removing Someone from Your Property Title

Life changes — and sometimes property ownership needs to catch up. Parents who went on the title to help a child buy need to step off now that the mortgage has been refinanced. A new partner moves in and you want the title to reflect the relationship. Estate planning brings adult children onto the family home. A separation requires a clean split.

Whatever the reason, we handle the legal side end-to-end: the Landonline transfer, the tax statements for both parties, and a property sharing agreement tailored to your situation. You do not need to understand the system — that is what we are here for.

How we approach this

Most title restructures move slowly and leave clients in the dark. We work differently.

You hear from us before you have to ask. At every stage we tell you what is happening, what is coming next, and what we need from you. If something requires your attention, you find out that day — not days later when the delay has already occurred.

Assertive, direct handling. We communicate with the other party’s lawyer, your bank, and LINZ so you do not have to. When a bank’s consent takes longer than it should, we push. When LINZ registration needs expediting, we request it. You do not need to chase anyone.

Documents written for your situation. The property sharing agreement we prepare records the specific terms of your arrangement — who contributes to the mortgage and outgoings, what happens if someone wants to exit, and how the property is ultimately dealt with. This is not a template. It reflects what you have actually agreed.

A fixed fee from the start. No surprises. You know the total cost before we begin.

When do you need this?

We handle all types of title restructure:

Parents adding adult children — formalising an estate-planning arrangement or recognising a child’s financial contribution.
Parents stepping off the title — where parents helped secure the original mortgage and the child is now refinancing in their own name.
Couples adding a partner — bringing a new partner onto the title to reflect the relationship, whether recently married or long-established.
Couples removing a former partner — following a separation, one party buys out the other and the title is updated to sole ownership.
Changing the ownership structure — moving from joint tenants to tenants in common (or the reverse), or adjusting the specified shares between existing co-owners.
Transferring to a family trust — moving the property into a trust as part of asset protection or estate planning, with the trustees stepping in as the new registered owners.

Each situation has its own legal and tax considerations. We assess these at the outset so there are no surprises halfway through.

What is involved

Every title restructure follows the same core steps. For a detailed walkthrough, see our guide: Adding or removing people from a property title in NZ.

Step	What we do
1. Initial assessment	We review the current title, check for any mortgage or encumbrances, and assess bright-line and relationship property implications before anything is signed.
2. AML identity check	We verify identity for all incoming and outgoing owners via a secure digital portal. Overseas or Australian-based family members can complete this remotely — no office visit required.
3. Independent legal advice	Where we act for all parties to the transfer, we assess whether a waiver of independent legal advice is required. If it is, we prepare the waiver and ensure all parties understand the nature of the arrangement and our role before proceeding.
4. Bank consent (if applicable)	Where a mortgage is in place, we handle bank consent directly. We submit the request, follow it up, and escalate if the bank is slow to respond.
5. Transfer and tax statements	We prepare the transfer instrument on Landonline and the required tax statements for both the transferor and transferee sides — you just review and sign.
6. Ownership agreement	Depending on the arrangement, we prepare the appropriate agreement — a property sharing agreement recording contributions and exit rights, or a simpler consent agreement recording the addition or removal and the acknowledgement of all parties. We advise on which is needed for your situation.
7. Registration	All parties sign electronically. We certify the transfer and lodge it with LINZ. Once registered, we report back with the updated Record of Title.

A straightforward restructure with all parties co-operative and ID verified typically completes in two to three weeks. Where bank consent is required, allow an extra one to two weeks. We tell you the realistic timeline for your specific matter before we start.

Key things to check first

Before any title restructure proceeds, we assess three things.

The bright-line test. A transfer to a family member can still count as a “disposal” for tax purposes — even when no money changes hands. If the bright-line period applies and no exemption is available, the transferor may face an income tax liability based on market value. We check this first, so you know before you commit.

Bank consent. If there is a mortgage on the property, the bank’s consent is almost always required. Adding an owner who is not a borrower, or removing an owner who is a guarantor, triggers a formal bank review. We manage this process directly.

Relationship property. If either party is in a relationship, the Property (Relationships) Act 1976 may be relevant — particularly in separation situations, where a formal relationship property agreement is usually required alongside the title transfer.

What it costs

Our fixed fee of $850 plus GST covers the full service: title search, AML identity verification for all parties, transfer documentation on Landonline, tax statements for both sides, and a property sharing agreement.

Disbursements (LINZ registration fee plus title search) typically add $130–$160 on top.

No hourly rates. No hidden extras. You receive a written fee confirmation before we begin.

FAQ

Frequently asked questions

What is the difference between joint tenants and tenants in common?

Joint tenants each own an equal and undivided share of the property. If one owner dies, their share passes automatically to the surviving owner — it does not go through their will. Tenants in common own a specified share (for example, 60/40 or 50/50) that each owner can leave to whoever they choose in their will. Couples often hold as joint tenants; family arrangements and investors more commonly use tenants in common. We advise on the right structure for your situation before the transfer is prepared.

Do we need a property sharing agreement if we're family?

Yes — particularly when the transfer is a gift or involves no consideration. A property sharing agreement records the terms of the arrangement in writing: who pays what toward the mortgage and outgoings, what happens if one person wants to exit, and how the property is ultimately dealt with. Without one, a dispute later is much harder to resolve. It protects everyone involved, including the person gifting the share.

What if one of the parties is overseas?

No problem. We handle overseas and Australian-based parties regularly. Identity verification is completed digitally via a secure portal — passport or driver licence plus proof of address, uploaded from wherever you are. Documents are signed electronically. No one needs to be in New Zealand or visit an office.

Does the bank need to be involved?

If the property has a mortgage, yes — the bank's consent is almost always required before the ownership structure can change. Adding a new owner who is not a borrower, or removing an existing owner who is a guarantor, triggers a formal bank review. We handle this directly. We submit the consent request, follow it up, and escalate if the bank takes longer than expected.

Could there be tax consequences even though no money is changing hands?

Yes. The bright-line test can apply to a gift transfer — the fact that no consideration changes hands does not automatically make it exempt. If the property was acquired within the relevant bright-line period (currently two years for properties acquired from 1 July 2024), the transferor may have a tax liability based on the market value of the share transferred. We check this before any transfer proceeds.

How long will it take?

A straightforward restructure with all parties co-operative and ID verified typically completes in two to three weeks. Where bank consent is required, allow an extra one to two weeks. We tell you the realistic timeline for your matter before we start and keep you updated throughout so there are no surprises.

Is $850 the total cost, or are there extras?

The $850 plus GST covers our legal fee in full — title search, identity verification, Landonline transfer preparation, tax statements for both sides, and a property sharing agreement. On top of that, disbursements (the LINZ registration fee and title search charge) typically add $130 to $160. We provide a written fee estimate before we begin so you know the total cost.

Ready to restructure your title?

Tell us about the property and who is changing — parents stepping off, children being added, partners, separation. We will confirm the process, the timeline, and the total cost in writing before we start.

Get started today Call 09 522 8810

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