A real estate title transfer changes the registered legal owner of a property from one person or entity to another, and in Ontario it has to be registered electronically by a licensed lawyer. You cannot file the transfer yourself at the land registry office. Whether you are adding a spouse to your home, gifting a property to your children, removing a former partner after a separation, or updating title after a death, the registration runs through the same provincial system. What changes from one situation to the next is the tax you pay and the paperwork the law requires.
Most people who search for this come with one of four situations in mind. They are buying or selling, putting a partner on title, passing property to family, or dealing with title after someone has died. This guide explains what a title transfer is, what it costs in Ontario, the tax traps that catch people, and how each of those common transfers works. If you want your own situation reviewed, our real estate lawyers in Toronto and Ottawa offer a free 15 minute consultation. You can call 647-300-8391 or book online.
What a property title means in Ontario
Your title is your legal ownership of the property, recorded in Ontario’s land registration system. It confirms who has the right to live in, sell, mortgage, or transfer the land. A title can be held by one owner or several, and it carries everything registered against the property, including mortgages, liens, easements, and restrictions.
Every property in the electronic system has a property identification number, called a PIN, and a parcel register that lists the current owner and the history of dealings with the land. Before any transfer, your lawyer reviews that register through a title search to confirm the property is clear of problems that could affect the new owner.
Why people transfer title
The most common reason is a sale, where title moves from the seller to the buyer on closing. Beyond a sale, the everyday reasons we handle are life events and planning. Marriage or a new relationship often leads someone to add a partner to title. Separation or divorce usually means removing a name. Parents sometimes want to put an adult child on title or gift a property outright. When an owner dies, title has to be updated to reflect who holds it now. Refinancing can also require a change when a lender wants every owner named on the loan.
Can you transfer title yourself in Ontario?
No. This surprises people, so it is worth saying plainly. Ontario’s land registration runs on an electronic system called Teraview, and the ability to register documents is limited to licensed and insured professionals, in practice real estate lawyers. The public can search property records through the OnLand service, but you cannot register a transfer on your own.
Even a transfer that feels simple, such as adding your spouse, is a formal legal document. It carries sworn statements about the parties and the value, a land transfer tax declaration, and a search for any writs against the names involved. Getting any of that wrong can cloud the title or trigger tax you did not expect. That is why a lawyer has to prepare and register it.
How much does a title transfer cost in Ontario?
Two costs sit side by side here, and people often confuse them. There is the legal fee for preparing and registering the transfer, and there is land transfer tax, which can be far larger and depends on the type of transfer. There is also a government registration fee charged for each document registered, plus optional title insurance.
| Type of transfer | Land transfer tax | What to watch |
|---|---|---|
| Adding or removing a spouse | Usually none under Regulation 696 | A mortgage staying on title needs lender consent |
| Gift to a family member, no mortgage | None on a true gift | Capital gains may still apply for income tax |
| Gift to a family member, mortgage assumed | Payable on the mortgage balance assumed | The most common surprise |
| Survivorship after a death, joint tenancy | None | No probate required |
| Transfer through an estate, sole owner or tenancy in common | Depends on the will and beneficiaries | Usually needs probate first |
Land transfer tax in Ontario is calculated on a sliding scale. The rates are 0.5 percent on the first $55,000 of value, 1 percent on the value up to $250,000, 1.5 percent up to $400,000, 2 percent up to $2 million, and 2.5 percent above $2 million for a property with one or two homes on it. If the property is in the City of Toronto, a municipal land transfer tax applies on top. These figures are current as of June 2026. Confirm the rates and the per document registration fee before you rely on them, because both change.
The land transfer tax traps people miss
This is where a transfer between family members goes wrong most often, so it is worth a minute.
Between spouses. A transfer between spouses is usually exempt from land transfer tax under a provincial regulation, even when the receiving spouse takes over the mortgage. The exemption applies where the only thing changing hands, apart from natural love and affection, is the assumption of a mortgage or other charge already registered on the land, or where the transfer follows a written separation agreement or a court order. For this purpose, a spouse includes married couples and couples who have lived together for at least three years or who are in a relationship of some permanence and are the parents of a child. You can read the province’s own guidance on transfers of land between spouses.
Gifts to other family. A true gift with no money and no mortgage changing hands attracts no land transfer tax. The trap is the mortgage. If you gift a property to your child and your child takes over the mortgage, the law treats the assumed mortgage balance as value given, and tax is payable on that amount. People plan a tax free gift and then owe tax because a mortgage came along for the ride.
Capital gains. Land transfer tax is only one tax. For income tax, the Canada Revenue Agency generally treats a gift of property as though you sold it at fair market value on the day you gave it. If the property is not your principal residence, that can create a capital gains bill even though no money changed hands. Run this past your accountant and your lawyer together before you transfer.
Foreign buyers. If the person receiving the property is not a Canadian citizen or permanent resident, a speculation tax on foreign buyers may apply, currently 25 percent across Ontario, with an additional municipal version in Toronto. The rules are strict and the cost is large, so get advice first.
Adding or removing a spouse from title
Adding a spouse. Couples often add a partner to title after marriage or when they refinance. The transfer is straightforward and usually carries no land transfer tax. If there is a mortgage, your lender will normally want the new owner added to the loan as well, so bring the lender in early.
Removing a spouse. After a separation, one partner often keeps the home and the other comes off title. Two things have to happen, and people forget the second. First, the transfer removes the departing spouse from title, supported by your separation agreement or a court order. Second, the departing spouse needs to be released from the mortgage, which the lender only does if the remaining owner can carry the loan alone, usually through a refinance. Taking a name off title does not take that person off the mortgage. We see people transfer the home and leave a former partner still liable on the loan for years.
Transferring property to a family member
Gifting a home or cottage to children is common, and it is rarely as simple as it sounds. The transfer is easy to register. The consequences are where the care is needed.
If you gift outright with no mortgage, there is no land transfer tax, though capital gains may apply for income tax as described above. If a mortgage is assumed, land transfer tax applies to that balance.
Adding an adult child as a joint owner, rather than gifting outright, is a popular idea for avoiding probate later. It can work, but it carries real risks that depend heavily on your facts. Once your child is on title, the home can be exposed to your child’s creditors or a future separation. Part of the principal residence tax protection can be lost. And courts do not always treat a child added to title as the true owner of that share, which can defeat the very plan you intended. Whether this is a good idea depends on your situation, your other assets, and your goals. Talk it through with a lawyer and an estate planning lawyer and your accountant before you act, not after.
Transferring title after someone dies
What happens to title after a death depends on how the property was held. This single fact decides whether the process is quick and inexpensive or slower and subject to probate.
| How title was held | What happens at death | Probate needed | Typical document |
|---|---|---|---|
| Joint tenancy | The surviving owner takes the whole property by right of survivorship | No | Survivorship Application |
| Tenancy in common | The deceased’s share passes under their will or the intestacy rules | Usually yes | Transmission Application by the estate trustee |
| Sole ownership | The whole property passes through the estate | Usually yes | Transmission Application by the estate trustee |
Joint tenancy. If two people owned the home as joint tenants and one dies, the survivor becomes the sole owner automatically. We register a Survivorship Application, supported by proof of death, and the deceased owner comes off title. No probate is needed for the property itself.
Tenancy in common or sole ownership. If the deceased owned the property alone, or held a share as a tenant in common, that interest does not pass automatically. It goes through the estate under the will, or under Ontario’s intestacy rules if there is no will. The estate trustee usually needs a Certificate of Appointment of Estate Trustee from the Superior Court of Justice, which is the probate step, before title can be transferred. We register the transfer through a Transmission Application once that is in place.
This is exactly why how you take title at the start matters so much. We see families assume a survivorship will apply, then learn the property was held as tenants in common and the estate has to be probated first.
Types of ownership and why they matter
Sole ownership. One person holds the entire title and makes every decision about the property.
Joint tenancy. Two or more people own equal shares together, with the right of survivorship. When one owner dies, the others take the whole property without probate.
Tenancy in common. Two or more people own the property, and shares can be unequal. There is no right of survivorship, so each owner’s share passes through their own estate.
Trust ownership. Property can be held by a trustee for someone else’s benefit. This is used in estate and tax planning and should be set up with legal advice.
Freehold, condominium, and leasehold. Most Ontario homes are freehold, meaning you own the land and the building. Condominium units are governed by the Condominium Act, 1998, where you own your unit and share the common areas through the condominium corporation. You may also see leasehold arrangements, where you hold the right to use land owned by someone else for a set term. Ontario does not use the term strata title that appears on websites aimed at other provinces.
Frequently asked questions
Do I need a lawyer to transfer title in Ontario?
Yes. Ontario registers land electronically through Teraview, and only licensed lawyers can register a transfer. Even a simple name change is a formal legal document with sworn statements and a tax declaration, so it has to be prepared and registered by a lawyer.
Do I pay land transfer tax when I add my spouse to title?
Usually no. A transfer between spouses is generally exempt under a provincial regulation, even when your spouse takes over the mortgage, as long as the only value given is the assumption of that mortgage or the transfer follows a separation agreement or court order. The exemption has conditions, so confirm yours before registering.
How much does it cost to transfer property to a family member?
There are two costs. The legal fee to prepare and register the transfer $700-1,450 and land transfer tax, which is nothing on a true gift but applies to any mortgage your relative takes over. For income tax, the Canada Revenue Agency may also treat the gift as a sale at fair market value, which can trigger capital gains if the property is not a principal residence.
Is putting my child on title a good way to avoid probate?
It depends. It can reduce probate on the home, but it can also expose the property to your child’s creditors or a separation, create capital gains problems, and sometimes fail because courts may not treat the child as the true owner of the share. Get legal and accounting advice before you do it.
What happens to the title when one joint owner dies?
If you held the property as joint tenants, the surviving owner becomes the sole owner automatically by right of survivorship. Your lawyer registers a Survivorship Application with proof of death, and no probate is needed for the property. If you held it as tenants in common, the deceased’s share passes through their estate instead, which usually requires probate.
How long does a title transfer take?
In general, a straightforward transfer can be ready quickly once your lawyer has the title search, your identification, and any required supporting documents, while transfers involving a mortgage payout, a refinance, or probate take longer.
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.
