Property Considerations When Getting Married

Marriage does not automatically change who owns what property. A house bought before the wedding stays owned exactly as the title records it, and getting married does not, on its own, add a spouse to that title or entitle them to a share. Couples planning a wedding often assume property matters sort themselves out once they are legally married, but any actual change in ownership still needs to go through the same conveyancing process as it would for anyone else, and it is worth thinking through before the big day rather than after.

Buying a Home Together for the First Time

Many couples treat marriage as the moment to buy their first home together. If this is your situation, the usual residential purchase process applies, and one of the first decisions your conveyancer will ask about is how you want to hold the title. Most married couples buying together choose to hold as joint tenants, which means each owns the whole property equally and it automatically passes to the surviving spouse if one of you dies, without needing to go through a will. The alternative, tenants in common, lets you hold specific shares that can be left to someone else in a will, which some couples prefer if they are bringing children from a previous relationship into the marriage or contributing unequal amounts to the deposit.

If either of you is eligible for a first home buyer concession or grant, check the eligibility rules carefully before the purchase, since buying jointly with someone who has previously owned property can affect what you are both entitled to, even if only one of you is actually a first home buyer.

Adding a Spouse to an Existing Property

Where one partner already owns a property before the marriage and wants to add the other to the title, this is a genuine property transfer, not a formality that happens automatically because you are now married. A share of the property is being transferred from one owner to two, which requires a transfer document, updated title registration, and consideration of any existing mortgage, since most lenders will want to approve the new arrangement or have both parties take on the loan jointly.

A common misconception is that adding a spouse to a title after marriage does not attract stamp duty because no money is changing hands. In most states, duty is still assessed, generally on the market value of the share being transferred, although some states offer a concession or exemption specifically for transfers between married or de facto partners in defined circumstances. These concessions vary considerably by state and by circumstance, so it is worth checking the specific position with your conveyancer and the relevant state revenue office rather than assuming a concession will automatically apply.

What Marriage Changes for Capital Gains Tax

If a property being added to or transferred is not the couple's main residence, for example an investment property one partner owned before the marriage, adding the other partner to the title can trigger a capital gains tax event for the original owner on the share being transferred. The ATO's guidance on the main residence exemption explains when a property qualifies for full or partial relief from this. Married couples can also generally only claim the main residence exemption for one property between them for any given period, which becomes relevant if each partner separately owned a home before the wedding. This is general information rather than tax advice, and any couple in this position should talk to an accountant about their specific circumstances before making changes to a title.

Estate Planning Once You Are Married

Getting married generally revokes any existing will in most Australian states, unless the will was made specifically in contemplation of the marriage. This matters for property because a will made years earlier, before you owned your current home or met your spouse, may no longer be valid at all, leaving your estate, including any property, to be distributed under the rules for dying without a will rather than according to your actual wishes. Updating your will alongside any property changes made around the time of the marriage is a sensible step, and while this sits outside conveyancing itself, your conveyancer can flag when it is relevant based on how you are structuring ownership.

If the Marriage Involves a Blended Family

Couples marrying later in life, particularly where one or both partners have children from a previous relationship, often need to think more carefully about how property is held and what happens to it eventually. Holding a home as tenants in common with a documented share for each partner, alongside clear estate planning, gives more certainty than joint tenancy in these situations, since it allows each partner to leave their share to their own children if that is what they intend.

What to Sort Out Before the Wedding

Property decisions do not need to be finalised before the ceremony, but it helps to have at least discussed how you plan to hold any property you buy together, whether either of you is bringing an existing property into the marriage, and whether wills need updating once you are married. A conveyancer can walk you through the ownership options for a joint purchase, and a family lawyer or estate planning solicitor can advise on the parts of this that fall outside conveyancing, such as financial agreements or updated wills.