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Protect your property interests with a smooth and compliant land title update.

Whether you’re transferring ownership after a sale, adding or removing a family member, or updating details after separation or inheritance, each step has to comply with Western Australia (WA) land title laws.

At Affinitas Legal, we make this process straightforward and stress-free. From preparing documents to lodging your application with the land titles office, our experienced property lawyers will ensure the land title accurately reflects your current ownership.

How we can help

At Affinitas Legal, we assist our clients in dealing with several Land Title ownership-related matters, including:

  • Changing Title details following separation and/or divorce;
  • Changing tenancy on title from Joint Tenants to Tenants-in-Common or from Tenants-in-Common to Joint Tenants.
  • Transmission Applications – Transferring Ownership to an executor or administrator following the death of an owner of the Property.
  • Survivorship Applications – Changing Ownership from a deceased spouse to the surviving spouse (this is dealt with outside of the Letters of Administration or Grant of Probate application in WA).
  • Replacing a Duplicate Certificate of Title – In cases where a duplicate certificate of title has been lost, stolen or damaged.
  • Changing Names on a Certificate of Title.

Perth’s trusted property lawyers

Decades of experience

Our team has extensive experience managing property title changes in WA. We understand the intricacies of Landgate requirements, transfer duties, and registration, handling every matter in full compliance with state regulations.

Clear, practical legal advice

Property Law can be complex. From stamp duty and transfer forms to mortgage adjustments, we explain every requirement in plain English. You’ll always understand what needs to happen, when it needs to happen, and what it will cost.

Tailored solutions

No two cases are the same. Whether you’re adding a family member, removing a former partner, or updating your name, we take the time to understand your unique circumstances and create a clear plan that fulfils your goals.

Efficient support

Delays in title registration are not only stressful but may even affect a property sale. That’s why our lawyers prepare, review, and lodge all forms with Landgate quickly and accurately to prevent unnecessary setbacks.

GET TO KNOW US

Meet our trusted lawyers in Perth

Our local team is here to help you navigate complex legal matters, such as changes in property title ownership and details. With practical and personalised support, you can make informed decisions in your best interests.

Frequently asked questions

What is Landgate, and what role does it play in title changes?

Landgate is WA’s official land information authority. It manages the Torrens Title Register, which records who legally owns each parcel of land in the state.

When you change ownership or update details on a title, your lawyer lodges the necessary forms with Landgate. Once approved, the new details are officially recorded, and an updated Certificate of Title is issued.

In which circumstances do you need to update the title of a property?

You need to change a property title in Western Australia whenever ownership or key details on the title have changed. This includes:

– Selling or gifting a property
– Adding or removing a spouse, partner, or family member
– Updating details after marriage, divorce, or inheritance
– Correcting an error or changing a legal name
– Transferring ownership between a trust, company, or individual

Keeping the title accurate ensures your legal ownership is properly recorded with Landgate, preventing disputes and protecting your property rights.

Who can lodge a change of property title in WA?

Only the current property owner, their lawyer, or a licensed conveyancer can lodge a property title change with Landgate.

Our legal team will ensure that all forms — including the Transfer of Land form and supporting documentation — are correctly completed, signed, witnessed, and submitted. This avoids rejection or registration errors that can cause costly delays.

What documents are required to change property title ownership?

To change property ownership in WA, you’ll typically need:

– A completed Transfer of Land form
– The original Certificate of Title
– Proof of identity for all parties
– Supporting documents, such as contracts, court orders, or deeds
– Mortgagee consent, if the property has a loan attached

Our lawyers can prepare and review these documents, ensuring compliance with Landgate’s requirements, and handle lodgement on your behalf.

How long does it take to change property title ownership in WA?

In WA, it usually takes 2 to 4 weeks to change property title ownership once all forms and documents are correctly prepared and submitted to Landgate.

The timeframe depends on how quickly supporting items, such as mortgagee consent or transfer duty assessment, are finalised. Complex cases, like those involving estates or family settlements, may take longer.

Engaging a property lawyer helps avoid delays and ensures the process is handled efficiently from start to finish.

Do I have to pay stamp duty when transferring property to a family member?

In most cases, stamp duty applies when transferring property to a family member in WA. However, exemptions or concessions may be available.

For example, when transferring between spouses or de facto partners, or due to a court order following a separation.

The amount is calculated by the WA Office of State Revenue based on the property’s market value or consideration paid.

Obtaining legal advice early helps you determine what duties apply and whether you’re eligible for relief.

Can I change the name on a property title after getting married or divorced?

Yes. You can update the name on a property title after marriage, divorce, or legal name change by lodging the correct application form with Landgate, along with proof of your name change (such as a marriage certificate, divorce order, or change-of-name certificate).

Our lawyers can work with you to make sure the paperwork meets identity standards and that your title accurately reflects your new legal name.

Can I change a property title myself without a lawyer?

Yes. You can technically change a property title yourself using Landgate’s online or paper forms, but errors in the process can lead to delays, extra costs, or legal complications.

Engaging a property lawyer ensures every requirement is handled correctly, giving you peace of mind that the change is valid and legally binding.

How much is it to change a property title in WA?

The cost to change property title details in WA varies depending on the type of transaction and the property’s value. Fees can vary based on factors such as whether the transfer involves a sale, a family arrangement, or an inheritance.

You’ll generally need to pay:

– Landgate registration fees (set by the state government)

– Transfer duty (stamp duty) if the property is being sold or transferred

– Professional legal or conveyancing fees

Additional costs may arise if valuations, mortgage adjustments, or trust documents are involved.

At Affinitas Legal, we provide a transparent breakdown of all costs upfront and advise whether you qualify for a transfer duty exemption or concession, such as between spouses, family members, or following a separation.

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