Title Transfers

Changing the ownership on a property title is more than just updating names on a deed. In Ontario, transferring title requires an electronic conveyance registered directly with the Land Registry Office, careful review of existing mortgages, and precise tax filings to avoid unexpected Land Transfer Tax liabilities.

Whether you are adding a spouse to the matrimonial home, executing an estate transfer, or reorganizing family assets, Mandani Law Professional Corporation manages the transaction seamlessly from initial title search to final registration.

Most clients are unaware of two critical traps that an experienced real estate lawyer must navigate:

• Ontario Land Transfer Tax (LTT) Implications: While gifting equity to a spouse or family member for “natural love and affection” can often be exempt from provincial Land Transfer Tax, transferring property that carries an active mortgage constitutes “consideration” under Ontario law. Without proper statutory affidavits, you may trigger an unexpected tax bill on the balance of the mortgage.

• Lender Approval & The “Due on Sale” Clause: If your property has an existing mortgage, you cannot simply add or remove a name from the title without your bank or lender’s written authorization. Doing so can breach your mortgage terms and cause the lender to call the loan. We coordinate directly with your lender to ensure full compliance before registration.

• Can I transfer property to a family member without paying Land Transfer Tax in Ontario?
  Yes, transfers between spouses or gifts of unencumbered property for “natural love and affection” are generally exempt from Ontario Land Transfer Tax. However, if the property has an existing mortgage and the new owner assumes liability for that debt, Land Transfer Tax is calculated on the value of the assumed mortgage balance.

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• What documents are required for a property title transfer in Ontario?
  A title transfer requires valid photo ID, your existing Transfer/Deed, recent property tax statements, active home insurance details, and current mortgage information if financing is involved. If transferring due to separation, a copy of the formal Separation Agreement is required.

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• How long does a title transfer take to complete?
  Once your lawyer receives mortgage lender approval and all parties sign the documents, the electronic transfer through Ontario’s Teraview land registration system can be executed within 1 to 3 business days.