To transfer title of property is to change who is registered as owner: adding a spouse, removing a former partner, giving a home to a child, moving a property into a company or taking a deceased owner off title. No sale is involved, but land transfer tax, income tax, your mortgage and your will can all be affected. Law Wise handles title transfers across the entire GTA and Ontario, from its office in Mississauga.
When people transfer title of property
- adding a spouse or partner to title, or changing how spouses hold title
- removing a former spouse after a separation or divorce
- giving a property, or a share of one, to a child or other family member
- moving a property from personal ownership into a corporation, or out of one
- removing a deceased joint owner from title
- transferring a property from an estate to the people entitled to it
- transfers between a trustee and the person the property is held for
Each of these is registered electronically in Ontario’s land registration system, and each needs the right land transfer tax statements. The wrong statement can mean tax, interest and penalties later.
Land transfer tax when you transfer title of property
Ontario’s Land Transfer Tax Act does not exempt gifts as such. Tax is calculated on the value of what is given in return for the land. If nothing at all is given in return, no tax is payable. But taking over a mortgage counts: if the person receiving the land assumes a mortgage, tax is generally payable on the amount still owing, unless one of the rules for spouses applies.
Transfers between spouses
- A transfer between spouses is taxable unless an exemption applies or nothing is given in return.
- No tax is payable where the only thing given in return is the assumption of a mortgage or other debt on the land.
- No tax is payable where the transfer is made under a written separation agreement, or under a court order or judgment.
- For these rules “spouse” means married spouses, partners who have lived together continuously for at least three years, and partners in a relationship of some permanence who are the parents of a child. Former spouses are included.
Sources: Ontario Ministry of Finance, “Transfers of Land Between Spouses” and “Transactions for Nominal Consideration” (both updated 8 July 2025), applying RRO 1990, Reg 696 under the Land Transfer Tax Act, read on 10 October 2026.
Transfers of title on separation or divorce
When one spouse keeps the home, the other is taken off title. The transfer should follow a signed separation agreement or a court order, both to qualify for the land transfer tax exemption and so that the terms of the buy-out are clear. If there is a mortgage, the lender must agree to release the departing spouse, which usually means the spouse who stays has to qualify alone or refinance. See separation agreements and mortgage refinance.
While you are still married, a matrimonial home cannot be transferred or mortgaged by one spouse without the other joining in or consenting, even if only one name is on title.
Gifts to children and other family members
A parent can give a property to a child, or add a child to title, without land transfer tax if nothing is paid and no mortgage is taken over. Other consequences deserve thought before anything is registered:
- Income tax. A gift of property other than your principal residence can be taxed as if you had sold it at market value. Ask your accountant first.
- Control. Once a child is on title, the property cannot be sold or mortgaged without that child’s signature.
- The child’s circumstances. The share may be exposed to the child’s creditors or to a claim if the child’s relationship breaks down.
- The child’s own first home. Having owned an interest in a home may affect the child’s eligibility for first-time buyer programs.
- Your estate plan. A transfer made during your life should be consistent with your will. If the reason for the transfer is help with managing the property, a power of attorney may do the job with less risk.
Joint tenancy, tenancy in common and survivorship
Two or more people can own property as joint tenants or as tenants in common. Joint tenants each own the whole together, and when one dies the survivor becomes the owner automatically. This is the right of survivorship. Tenants in common each own a separate share, which can be unequal and which passes under the owner’s will. Changing from one form to the other is itself a transfer of title.
When a joint owner dies, a survivorship application is registered to remove the deceased owner’s name, so that title is clear for a later sale or mortgage. There is one exception to know about. If a spouse dies owning an interest in a matrimonial home as a joint tenant with someone other than the other spouse, the Family Law Act treats the joint tenancy as severed immediately before death, so the share does not pass to the surviving joint owner by survivorship.
Trustees and beneficial owners
Sometimes the registered owner holds the property for someone else, who is called the beneficial owner. A transfer from the beneficial owner to a trustee, from one trustee to another for the same person, or from the trustee back to the beneficial owner attracts no land transfer tax as long as beneficial ownership has not changed. The Ministry of Finance no longer asks for a separate trust affidavit with each registration, but it can ask for evidence of the trust afterwards, so the paperwork should exist before the transfer is registered.
How Law Wise helps
- advises on the form of ownership and on the land transfer tax position before anything is registered
- works with your accountant where income tax is in play
- deals with your lender where there is a mortgage on the property
- prepares and registers the transfer, survivorship application or estate transfer
- recommends independent legal advice for a family member where it is needed
Your file is handled by a Law Wise lawyer licensed by the Law Society of Ontario. Service is available in English, Urdu, Punjabi and Hindi, and, if you retain the firm, fees are explained and confirmed in writing before work starts.
Common questions about transferring title
How much does it cost to transfer title of property in Ontario?
There is a legal fee and a government registration fee. Land transfer tax is payable only if something is given in return, including the assumption of a mortgage, and no exemption applies. We confirm the fee in writing before starting.
Can I add my spouse to title without paying land transfer tax?
In most cases, yes. No tax is payable if your spouse gives nothing in return, or if the only thing given is taking on the existing mortgage. Your lender’s consent is needed if the property is mortgaged.
Can I remove someone from title without their consent?
No. A registered owner must sign the transfer, unless a court orders the transfer or the owner has died and the property passes by survivorship or through the estate.
Do I need my lender’s permission to change title?
If the property is mortgaged, almost always. Most mortgages allow the lender to demand repayment if title changes without consent, and the lender may ask the new owner to be added to the mortgage.
Does adding my child to title avoid probate?
Not reliably. Whether the property passes to that child alone on your death depends on what you intended and how it was recorded, and the transfer has tax and control consequences while you are alive. Get advice on the whole plan first.
Is a transfer of title the same as changing the mortgage?
No. Title shows who owns the property. The mortgage is a separate contract with the lender. Taking a person off title does not release that person from the mortgage, and adding a person to title does not make that person a borrower.
Changing who is on title?
Tell us what you want to achieve and we will explain the steps, the tax position and the cost. The first consultation is free for 15 minutes, by appointment.
This page is general legal information for Ontario, current as of 10 October 2026. It is not legal advice and does not create a lawyer-client relationship. For advice about your situation, please speak with a lawyer.