People change title to a home for many reasons: adding a spouse, removing someone after a separation, moving a property to a child, or transferring into a company. Each change is a legal transfer that must be registered, and each can have tax and mortgage consequences.
We review your situation first, then prepare and register the transfer.
Things to check before you transfer
- Whether the lender must consent: transferring a mortgaged property can trigger the mortgage's terms
- Land transfer tax: it can apply on a transfer, including between family members, when there is a mortgage or other consideration
- Capital gains and the principal residence exemption on the tax side; confirm with your accountant
- Whether the transfer could affect future claims by creditors, an estranged spouse or the estate
Common situations
Adding a spouse is often straightforward but still needs the lender's agreement and a land transfer tax review. Removing a spouse after separation is normally done under a separation agreement or court order. Putting a child on title is a significant step and has estate and tax effects, so get advice first.
How the transfer is registered
Ontario transfers are registered electronically. We prepare the transfer, the land transfer tax statements and any related documents, and register them on your behalf.
Bring or send your lawyer
- Copy of the current deed or transfer, if you have it
- Latest mortgage statement and the lender's contact information
- Full legal names of everyone going on or coming off title
- Two pieces of government photo ID for each person signing
- Any separation agreement or court order that requires the transfer
Frequently asked questions
Do I pay land transfer tax when adding my spouse to title?
It depends on the facts, including whether a mortgage is being assumed. We review it before you transfer so there are no surprises.
Can I take someone off title without their agreement?
Generally no, unless a court orders it or they agree in writing. If you are separating, this is usually part of a separation agreement.
Last updated: .This page is general information about Ontario law, not legal advice. Every situation is different; speak to a lawyer about yours.