Looking to change, add, or remove names from your title? Our dedicated team specializes in making the process hassle-free. With our expertise and attention to detail, we ensure a seamless experience for your title transfer.
Contact Us▸A deed is a physical document that conveys ownership rights to a property. A title is a concept that refers to the legal ownership of a property and the rights that come with it.
When you own real estate—and have a valid deed—you have a “bundle of rights” which are a set of legal privileges that are afforded to you as the title owner. The bundle of rights are not always the same for everyone, as some real estate contracts prohibit or limit certain uses of the property.
However, the average homebuyer can expect the following bundle of rights:
Ownership Structures
There are two common types of ownership structures in Ontario: tenants-in-common or joint tenancy.
The key distinction between the two lies in survivorship rights.
When two or more people own property as tenants-in-common, each person keeps their interest in the property upon death. Therefore, if one person dies, their share of the asset will form part of their estate and will be distributed according to their will.
In a joint tenancy, if one person dies, the other person automatically becomes the owner of the whole property. The asset does not form part of the estate of the deceased.
In Ontario, most legally married spouses own their homes as joint tenants. When one person dies, the other will automatically become the sole owner of the house. If you have children, the house will likely be passed to the children when the last spouse dies, through that person’s will.
A transfer of title is a process in which a person is added or removed from the property ownership or title by the owner. In Ontario, title transfers are completed by lawyers.
Yes, you have the ability to add, remove, or change a name on your real estate title. This can be done for various reasons, such as adding a spouse or partner, removing a previous owner, or updating ownership structure. Our experienced attorneys will guide you through the necessary steps and documentation required to facilitate a smooth transition.
There are many reasons people have for completing a full or partial change in property ownership other than those associated with the purchase or sale of a property.
Common reasons people have for completing a title transfer include separation and divorce, transfers to fulfill mortgage and refinancing requirements, transfers amongst trustees and nominees; and survivorship applications to gain sole ownership of a property upon the death of a partner or spouse.
In Ontario, title transfers are completed by lawyers — a process that takes on average 5 to 10 business days.
If you have a mortgage, it will either need to be paid off or the new owner will need to pass the lender’s eligibility checks
Once the lender approves the transfer, you can then engage a lawyer.
At Khan Law, our lawyers will begin by conducting a title search to validate title ownership. This will ensure that the right person is transferring the title.
Within a few days, we will prepare all paperwork, including a transfer of land document, and have them ready to be signed in-person or through an electronic digital signature process. In some cases, we can also accommodate same-day signings.
We will then electronically file the land title documentation and initiate the registration process while tackling any issues along the way.
Once the title transfer is complete, the new owner will be reflected through a title search. We will then provide you with a Registered Transfer which is a certified true copy of the new title record.
In Ontario, title transfers are completed by a lawyer. Attorneys at Khan Law will ensure the transfer of ownership is documented correctly so that you are protected throughout the process.
Request a consultation now for your property transfer needs in Ontario, Canada.
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Khan Law is a boutique law practice that has been providing legal services to the Greater Toronto Area since the year 2000.