How to Add a Name to a Property Title in Ontario

Adding a name to your house title in Ontario isn’t just a formality. It’s a legal change that gives someone else part ownership of your property.

Adding a spouse, adult child, or business partner to your home title can impact your mortgage terms, tax obligations, estate planning, and legal control of the property.

The process must follow rules under the Land Titles Act and Electronic Land Registration System (ELRS) in Ontario. It’s not something you can do with a quick form or handshake.

You’ll need a real estate lawyer to help you file the right documents, understand your risks, and make sure everything is done correctly.

This guide explains how the process works, who should consider it, and what to watch out for—so you can make a smart and informed decision.

Why Adding a Name to Your House Title Isn’t Just Paperwork

Adding someone to your house title in Ontario involves more than a simple update—it starts a legal transfer of ownership.

Did you know that putting even a child’s name on the deed can be treated as a change in ownership, which might trigger capital gains tax based on the fair market value of the property?

This means the Canada Revenue Agency may view the addition as you selling part of the home—even if no money changes hands.

This tax event can take you by surprise. It affects not only the person added, but also your future financial obligations. That added owner will also gain full legal rights, such as agreeing to refinance, sell, or mortgage the property. Ownership changes could impact your estate plan and who receives the property after you pass away.

Because of this, you should make this kind of title change only with clear legal advice and a full understanding of the financial consequences.

It Creates Legal Co-Ownership

To make this change official, you must file a Land Transfer form through the Land Titles Office, using Ontario’s Electronic Land Registration System (ELRS). This process creates a co-ownership between you and the person you’re adding. Once they’re on the title, they have legal rights. They can take part in decisions like selling, refinancing, or mortgaging the property. You can no longer make those decisions on your own.

It May Affect Taxes

This kind of transfer may also have tax consequences. If the added person doesn’t live in the home as their primary residence, you could lose part or all of your principal residence exemption. That means you might owe capital gains tax in the future if you sell the property, even if you still live there full time.

It Changes Your Estate Plan

It also affects your estate planning. Depending on whether you register the ownership as joint tenants or tenants in common, the property may pass automatically to the other owner on death—or it may become part of your estate and be distributed through your will.

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Ownership Choices Under Ontario Law

Your choice affects what happens next—especially on death, divorce, or sale.

Understanding the type of ownership is key before adding someone to your title:

• Joint Tenants

Each owner shares equal interest. If one of you dies, ownership automatically goes to the surviving owner through “right of survivorship”.

• Tenants in Common

You each have a specified share (for example, 75% and 25%). Shares don’t transfer automatically and go through the estate;

What You Need To Do To Legally Add a Name to a House Title in Ontario

Adding someone to your home title in Ontario is not automatic—it involves a series of legal and financial steps. Each part must be handled properly to avoid issues with lenders, taxes, or future ownership rights.

Here’s how the process works from start to finish.

1. Talk to a real estate lawyer before you begin

Start by meeting with a qualified real estate lawyer. They’ll explain how this change could affect your mortgage, taxes, legal control of the property, and long-term plans. You might also want to speak with an accountant to review tax impacts—especially if you’re adding someone who doesn’t live in the home.

2. Let your lawyer review the title and existing mortgage

Your lawyer will run a title search to confirm ownership and check for any issues on the property, like liens or easements. They’ll also look at your mortgage terms, as many lenders won’t allow title changes without their approval. Some lenders may require the new person to qualify and co-sign.

3. Decide how you want to share ownership

You’ll need to choose between joint tenancy and tenants in common. With joint tenancy, the other person inherits the home automatically if you pass away. With tenants in common, your share becomes part of your estate. Your lawyer will help you decide based on your goals.

4. Sign the right documents for the transfer

Once your structure is set, your lawyer will prepare Ontario’s Land Transfer form (Form 1) and any supporting paperwork. Everyone involved—including you and the new owner—must review and sign the documents.

5. Get the lender’s approval before the transfer goes through

If you have a mortgage, your bank must approve the title change. They may ask the new person to provide financial documents and sign a personal guarantee. The lawyer usually handles this step, but make sure you give enough time to get clear confirmation.

6. Let your lawyer register the new title with the Land Registry

After the lender signs off and the paperwork is ready, your lawyer files the electronic documents with the Land Titles Office through Ontario’s system. This updates the official property record and adds the new name. Registration fees typically range from $70 to $200.

7. Don’t forget to update your insurance and estate planning

Once the title is changed, call your insurance provider to update your home policy. You should also meet with your estate lawyer to update your will and powers of attorney. This ensures your legal documents match the new ownership setup and reduce issues later.

So, What Could Go Wrong When You Add a Name to Your House Title

Adding someone to your home title may seem like a simple favour or a smart estate planning move, but it can lead to serious legal and financial consequences if not done properly.

Below are some key risks that homeowners in Ontario should fully understand before making this decision.

You May Lose Your Principal Residence Exemption

If you add a co-owner who does not live in the home—such as an adult child or non-resident relative—you could lose all or part of your principal residence exemption. This exemption normally shields you from capital gains tax when you sell your home.

But if even a portion of your property is held by someone who doesn’t qualify, that share becomes taxable if the home is later sold for a profit.

The Property Could Be at Risk from the Co-Owner’s Creditors

Once someone is on the title, their legal and financial issues can impact your home. If the new co-owner is sued, goes bankrupt, or is involved in a divorce, their creditors or ex-spouse may try to claim their share of the property. This could lead to forced sale scenarios or registration of a lien, even if you’ve paid for the home yourself.

You Could Lose Full Control of the Property

Co-ownership means you now need the other person’s agreement for major decisions. This includes selling the home, refinancing the mortgage, or even renting it out. If the relationship becomes strained or the co-owner is uncooperative, it can delay or block important financial or personal plans.

Your Insurance Policy Might Become Invalid

If you fail to notify your home insurance company about the ownership change, your policy could become void. This is especially risky if a claim arises—your insurer may deny coverage because the legal owners listed on the title do not match their records.

Always update your policy as soon as the change is registered.

You Might Trigger Land Transfer Tax or Legal Costs

Even if no money is exchanged, some title changes can trigger land transfer tax. For example, if the added person assumes part of the mortgage or provides value, tax may apply. While there are exemptions (e.g. transfers between spouses), the rules are technical. You’ll also face legal fees, registration charges, and possibly lender fees if a mortgage is involved. These costs can add up quickly if not planned for.

Special Situations You Should Know About

Some property ownership scenarios in Ontario involve extra legal considerations. If you’re adding someone to your house title under these conditions, it’s important to take extra care.

When You’re in a Common-Law Relationship

Common-law partners do not have the same automatic property rights as married spouses. That means if you’re living together without being legally married, simply adding their name to the title doesn’t guarantee clear ownership or protection during a separation or after death.

To protect both parties, it’s best to have a cohabitation agreement in place. This outlines who owns what, how the property will be handled if the relationship ends, and how responsibilities are shared. If you’re adding your partner to the title, speak to both a family lawyer and real estate lawyer first.

When You’re Using a Corporation or Trust

Some people choose to hold real estate under a corporation or family trust, especially for tax planning, asset protection, or estate reasons. While this can bring some benefits—such as limited liability and potential deferral of taxes—it also adds legal and tax complexity.

For example, if your property is held in a corporation, you must comply with corporate record-keeping, report income correctly, and may face different financing terms from lenders. Holding property in a trust requires setting clear terms and a valid trust deed. These structures can also affect eligibility for the principal residence exemption and may involve higher legal and accounting fees.

If you’re considering this route, it’s important to consult a lawyer and tax professional to weigh the pros and cons for your situation.

Final Thoughts

Adding a name to a house title in Ontario affects ownership, taxes, and control. It’s beyond signing paperwork—it’s a permanent legal change. That’s why it’s vital to work closely with a real estate lawyer and tax advisor.

They ensure the update fits with your financial and family plans, while avoiding costly mistakes.

If you’re considering adding someone to your title, remember: planning carefully today can protect you tomorrow.

Want help sorting through your specific situation? Let me know—We’d be happy to walk you through each step.

The information provided above is of a general nature and should not be considered legal advice. Every transaction or circumstance is unique, and obtaining specific legal advice is necessary to address your particular requirements. Therefore, if you have any legal questions, it is recommended that you consult with a lawyer.