NOTE: If the present owners are married to each other or are common law or are partners who are separating from each other, this law office will NOT process a transfer of ownership and you must seek legal assistance from another law office which processes such matters.
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, functions performed on a title transfer by our office will include:
(i) receiving and reviewing your written instructions on the form (referred to below) to transfer title and process a file for the procedures 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/changes of ownership, 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; if the person receiving title provides a written request for title insurance, we shall advise you of costs involved;
(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 deal with by contacting your own insurance broker;
(iv) NOT arrange to change names of owners 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 depending on when the mortgage is due for renewal or maturity. Should any current owner wish to be removed from any obligations to a mortgage lender, you must arrange this directly with the mortgage lender;
(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 residential property, 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 most recent property tax bill and 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 $350.00 plus HST plus legal disbursements (typically $200), being governmental costs incurred for land registry system subsearches and registrations (as well as any government land transfer tax payable, if applicable).