Can I Remove My Ex from the Property Title?

Short answer: sometimes – but it’s not as simple as crossing their name out.

We get this question a lot. You’ve separated, everyone’s trying to move on, and the property is still sitting there with both names on the title. It feels like it should be an easy fix, but legally there are a few steps involved. Here’s what actually needs to happen in New South Wales.

First – check what you’re dealing with

Before anything else, it is important to confirm whose name is actually registered on the title, whether there is still a mortgage and how the property is owned. Ownership in New South Wales is recorded with NSW Land Registry Services, and that register is what legally counts, not who paid more towards the property over time.

You usually need a property settlement first

In most situations, you cannot simply remove your ex from the title just because the relationship has ended. If you were married or in a de facto relationship, the division of property is generally dealt with under the Family Law Act 1975 (Cth).

What typically needs to happen is that the parties formally agree who will retain the property. This is commonly documented by way of Consent Orders, a Binding Financial Agreement, or a negotiated agreement that sits alongside a refinance and transfer. This step is critical because it legally records the outcome of the property division.

The bank also has a say

This is the part many people don’t expect. If there is a mortgage over the property, the lender must approve the loan being refinanced into one party’s sole name. The bank will reassess serviceability as though it was a new application. If the remaining party cannot meet the lender’s requirements on their own, the property may need to be sold or alternative arrangements considered. From the lender’s perspective, the issue is purely financial rather than personal.

Then comes the actual transfer

Once the financial arrangements and formal settlement terms are in place, a Transfer is prepared and lodged with NSW Land Registry Services to update the registered ownership.

When handled properly following a separation, stamp duty exemptions often apply in NSW. The mortgage is usually dealt with at the same time as the transfer so that the outgoing party is fully released. This is one of those processes where accuracy matters — errors in the paperwork can create complications later.

What if your ex won’t cooperate?

If agreement cannot be reached, it may be necessary to apply to the Federal Circuit and Family Court of Australia for property orders. The Court has the power to order that a property be transferred, sold, or otherwise dealt with between the parties.

Court proceedings are generally seen as a last resort because of the time and cost involved, but they are available where negotiations have broken down.

Don’t forget your will and estate planning

One thing that is often overlooked during separation is estate planning. Even if you are in the process of removing your ex from the property title, they may still be named in your will, superannuation nominations, or insurance policies.

In NSW, divorce can revoke certain gifts under a will, but separation alone does not. That means an ex-partner may still inherit assets — including property — if your estate planning is not updated. Reviewing and updating your will, powers of attorney, and beneficiary nominations should be part of the separation clean-up process, not an afterthought.

One thing we always tell clients

If your name remains on the title and the mortgage, you are still legally exposed, even if you moved out some time ago. The loan can continue to affect your borrowing capacity, and any missed repayments may impact your credit position. For that reason, it is usually worth addressing sooner rather than later.

The Lawgix bottom line

Removing an ex from a property title in NSW is absolutely possible, but it rarely happens in a single step. In most cases, there needs to be a proper property settlement, lender approval for the refinance, and a formally registered transfer.

If you are unsure where you stand, getting advice early can make the process significantly smoother and help avoid unnecessary costs or delays.