Add another co-owner to a property title – no money involved – no one has died

Adding an additional owner does require a ‘transfer’, and it does require some paperwork, even if there is no mortgage and no money is changing hands.

Are you wanting to add the new owner as a ‘joint owner’, or are you wanting to have separate shares?

With joint ownership – ‘joint tenancy – you are both on the title as co-owners and, when one dies, ownership passes to the surviving owner automatically by law.  It is not part of the deceased owner’s ‘estate’ and does not require probate or letters of administration before it can be processed.

With separate shares – ‘tenants in common’ – you each own a specified share – maybe ½ each, but not necessarily – and there is no ‘survivorship’.  When one owner dies, their share is part of their estate and is dealt with according to their will or the law that applies if there is no will.

You need to be sure what type of co-ownership you intend to have – ‘joint tenancy’ or ‘tenancy in common’.

I usually charge $390 (incl GST and LINZ fees) for such a transfer as long as no further advice is required and the information I need is provided efficiently.

When you have provided the information requested, I’ll check the land title and prepare the paperwork. I’ll email it to you, along with my invoice. You will need to get it signed and witnessed and sent back to me (hard copy). Then, assuming you have paid the invoice, I complete the land registration online and send you a copy of the new record of title when I receive it. Usual timeframe – no more than 2 business days after I receive the signed hard-copy paperwork from you, and usually sooner than that.

If you would like to go ahead, you and the intended additional owner need to complete this online form, please – you will need to upload your photo IDs and something to show the current owner’s name at that property address (eg rates notice, power bill). You will also need your IRD numbers, and you will both need to sign the form online. (If you don’t want to sign it via this online form, I can send you a hard copy to sign with the other paperwork.)

– Step 1 of 2

Address of property to be transferred *

Record of title number (if known)

This is the land-title reference. Leave blank if you do not know this.

Is there a dwelling on the property? (Tick 'yes' even if it is not occupied.) *

• Yes
• No

Intended co-ownership – what do you intend? *

• Joint tenancy – no separate shares – passes to survivor – not part of owner’s will
• Tenancy in common – separate shares – no survivorship – part of owner’s will
• Don’t know

Please get specific legal advice about the implications of each option, before you decide. Do not ask me for that advice – I provide the transfer service but I do not provide legal advice about the merits of the different options. Either type of co-ownership has advantages and disadvantages, depending on the circumstances.

Current owner – family name (surname) *

Current owner – given names *

Is there a mortgage on the property?

• Yes
• No
• Yes but it has all been paid off

You will need to obtain the consent of the mortgagee (lender) to this transfer. Otherwise you will be in breach of the mortgage.

Current owner – postal address *

Current owner – email address *

Email

Confirm Email

Current owner – phone number *

Are you (current owner) comfortable with your name and address (not phone or email) being on the publicly accessible rating database at the Council? Or do you want them withheld from public access? *

• Name and address may be shown
• I want my name and address to be withheld from the publicly-searchable council rating database

Are you (current owner) an undischarged bankrupt? *

• Yes
• No

Are you (current owner) the subject of any court order that puts someone else in charge of managing your affairs? (for instance, under the PPPR Act)?

• Yes
• No

Please provide details

Tax information, and family members

The following questions are compulsory for all land transfers.

The information is sent from Land Information New Zealand to IRD, or is used to assess whether the transaction is subject to the Overseas Investment Act.

This transaction itself does not attract any tax liability but it may reset the ‘brightline test’ that determines whether tax is payable on any capital gain when you resell the property. (If you need more information about that, please discuss with an expert taxation or property adviser.)

Are you (current owner) a NZ citizen?

• Yes
• No

(Current owner) Is any member of your immediate family a New Zealand citizen? *

• Yes
• No

(Current owner) Is any member of your immediate family a New Zealand permanent resident? *

• Yes
• No

(Current owner) Does any member of your immediate family hold a New Zealand student visa? *

• Yes
• No

(Current owner) Does any member of your immediate family hold a New Zealand work visa? *

• Yes
• No

Current owner – your IRD number? *

(Current owner) Are you a tax resident of any other country (other than New Zealand)? *

• Yes
• No

(Current owner) Which other country (or countries)?

(Current owner) Your tax registration number/s there?

(Current owner) Please upload a copy of your passport or NZ driver licence – including the signature and expiry date

Click or drag files to this area to upload.You can upload up to 4 files.

(Current owner) Please upload a rates notice, power bill, phone bill, tenancy agreement, bank statement, or other document that shows your name AND is addressed to you at this property address

Click or drag files to this area to upload.You can upload up to 4 files.

Signature of current owner *

Clear Signature

By signing this, you confirm that the information you are providing is true and correct. It is a criminal offence if you knowingly provide false or incomplete information.

New co-owner

Now we ask for similar information about the new owner whom you are adding to the title

New owner – family name (surname) *

New owner – given names *

New owner – postal address *

New owner – email

Email

Confirm Email

New owner – phone number

Are you (new owner) comfortable with your name and address (not phone or email) being on the publicly accessible rating database at the Council? Or do you want them withheld from public access? *

• Name and address may be shown
• I want my name and address to be withheld from the publicly-searchable council rating database

Are you (new owner) over 18? *

• Yes – over 18
• No – under 18

Are you (new owner) an undischarged bankrupt? *

• Yes
• No

Are you (new owner) the subject of any court order that puts someone else in charge of managing your affairs? (for instance, under the PPPR Act)?

• Yes
• No

Are you (new owner) a NZ citizen?

• Yes
• No

(New owner) Is any member of your immediate family a New Zealand citizen? *

• Yes
• No

(New owner) Is any member of your immediate family a New Zealand permanent resident? *

• Yes
• No

(New owner) Does any member of your immediate family hold a New Zealand student visa? *

• Yes
• No

(New owner) Does any member of your immediate family hold a New Zealand work visa? *

• Yes
• No

New owner – your IRD number? *

(New owner) Are you a tax resident of any other country (other than New Zealand)? *

• Yes
• No

(New owner) Which other country (or countries)?

(New owner) Your tax registration number/s there?

(New owner) Please upload a copy of your passport or NZ driver licence – including the signature and expiry date

Click or drag files to this area to upload.You can upload up to 4 files.

Signature of new owner

Clear Signature

By signing this, you confirm that the information you are providing is true and correct. It is a criminal offence if you knowingly provide false or incomplete information.

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