NOTE: If 2 spouses are separating or divorcing this law office
will not usually process a title transfer unless each spouse has signed
a separation agreement accompanied by an independent legal advice certificate
for each spouse. If an unmarried couple are separating, each partner should
usually provide our office with evidence of having obtained independent
legal advice.
Should an owner of a home wish to add another name (usually a family member)
to the title or should owners wish to delete a person's name from the
title, or to completely change the names on title, the functions performed
on a title transfer by our office will include:
(i) receiving and reviewing instructions to transfer title and establishing
a file for the procedure involved;
(ii) preparation of documentation necessary for transferring title
and attending on client(s) for signing;
(iii) registration of title change documentation and reporting to
client(s);
(iv) notifying (by letter) the property tax department and, if applicable,
the condominium management office of ownership change.
Regarding title transfers, our law office does:
(i) NOT conduct full title searches and the person(s) receiving title
will sign an acknowledgment that we are not doing so;
(ii) NOT obtain title insurance for the person(s) receiving title
and the person(s) receiving title will sign an acknowledgment that we
are not doing so;
(iii) NOT arrange to advise the home fire insurance company of the
ownership change so that the person(s) to be on title are reflected
in the insurance policy, being a matter for the homeowner to do;
(iv) NOT arrange to change owners names on utility bills or to have
meters read which is a matter for the homeowner to deal with should
the homeowner wish to do so;
(v) NOT advise an existing mortgage lender of the title change which
is the responsibility of the homeowner should the homeowner wish to
do so depending on whether the pre-authorized payment program will change
and on when the mortgage is due for renewal or maturity;
(vi) NOT provide advice regarding any accounting or income tax consequences
with respect to the intended change of title which is the homeowner's
responsibility, it being understood that there are tax implications
when transferring title, particularly if the property is an investment
property (such as a property which is or has been tenanted) or if the
property has not been the principal residence of a homeowner or will
not be the principal residence of a person to be placed on title.
Should you wish to transfer ownership of a home, you will be required
to complete the attached TITLE
TRANSFER REQUEST FORM and to have all parties involved in the title
transfer sign such a request to be faxed or mailed (NOT E-mailed) TOGETHER
WITH a copy of your current transfer/deed, (being the ownership document
received by you when the property was originally purchased by you). Once
our office receives such items, we shall contact you for any matters of
clarification and an appointment time to sign.
At the time of signing, photo identification for any person signing
must be provided with photocopies of such identification to be retained
in our law office. Typical legal fees (without any special complications)
for a simple title transfer is $250.00 plus GST plus legal disbursements,
being governmental costs incurred for land registry system subsearches
and registrations (as well as any Ontario land transfer tax payable, if
applicable).