how do you add a name to a house deed

hammer [OP]: Deal Addict; Oct 4, 2001; 1420 posts; 83 upvotes

Dec 23rd, 2007 11:43 am

How do I add a name to a deed to my house?

I want to add my son's name to the deed of the house so it automatically transfers to him when I pass. Is there some agency or ruling body in Ontario for this? Or do I go through those lawyers (I rather avoid this).

All is not golde that outward shewith bright...lydgate

Dec 23rd, 2007 3:24 pm

pitz: Banned; Jun 19, 2006; 9349 posts; 56 upvotes

Dec 23rd, 2007 3:24 pm

If you're married, (at least in the province I live), both spouses, by law, must receive independant legal advice before they attempt to accomplish this.

The other issue is that if your son has an ownership interest, and also owns another house -- there may be tax issues that arise because one cannot have a principal residence exemption on both houses.

It sounds like you have estate planning issues, and I would suggest that you receive professional advice on your specific situation, specific to the province in which you live. For example, even if you are both on the title, your death would not necessarily avoid inclusion of your share of the house in your estate.

Dec 23rd, 2007 3:25 pm

pitz: Banned; Jun 19, 2006; 9349 posts; 56 upvotes

Dec 23rd, 2007 3:25 pm

Also, you have to keep in mind that your son's creditors and spouses, if he is on the title, could potentially seize *your* house, if, for instance, he declares bankruptcy, or judgements are entered against him.

Dec 23rd, 2007 9:45 pm

chilicat: Member; Jun 17, 2005; 370 posts; 1 upvote; Southern Ontario

Dec 23rd, 2007 9:45 pm

Contact your local Land Registry Office and ask about filing your own Transfer from yourself to yourself and your son.

Dec 23rd, 2007 10:32 pm

Jobu: Member; Dec 27, 2006; 226 posts; 3 upvotes; Vancouver

Dec 23rd, 2007 10:32 pm

pitz wrote: ↑If you're married, (at least in the province I live), both spouses, by law, must receive independant legal advice before they attempt to accomplish this.

The other issue is that if your son has an ownership interest, and also owns another house -- there may be tax issues that arise because one cannot have a principal residence exemption on both houses.

It sounds like you have estate planning issues, and I would suggest that you receive professional advice on your specific situation, specific to the province in which you live. For example, even if you are both on the title, your death would not necessarily avoid inclusion of your share of the house in your estate.

Independent legal advice is NEVER required. An individual ALWAYS has the option to waive independent legal advice. In any situation where an individual may have his or her own interest, independent legal advice must be offered. It doesn't need to be accepted.

Dec 24th, 2007 12:19 am

gman: Deal Expert; Jun 14, 2003; 23140 posts; 193 upvotes

Dec 24th, 2007 12:19 am

Put that in your will would be a better option.
1. your son's creditor won't be able to touch it.
2. if forever reason you want to change your mind in the future, you can change the will but I believe you can't change the deed without his consent.

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Dec 24th, 2007 1:28 am

pitz: Banned; Jun 19, 2006; 9349 posts; 56 upvotes

Dec 24th, 2007 1:28 am

Jobu wrote: ↑Independent legal advice is NEVER required. An individual ALWAYS has the option to waive independent legal advice.

Well I know, in at least one province, independant advice is required -- I'll have to take your word for it that BC is not one of those places. Historically, the 'man' of the house has been in control of the matrimonial assets, and it was the intent of legislators, in at least some provinces, to protect the other spouse with the requirement of independant legal advice.

In any situation where an individual may have his or her own interest, independent legal advice must be offered. It doesn't need to be accepted.

Not true for all provinces. I think you should qualify your statement, just like I qualified my earlier statement.

Basically, in the province in which I live, without an affidavit of independant legal advice from the 'other' spouse, the transfer of title will not be accepted in a circumstance such as this.

Dec 24th, 2007 10:12 am

ghostryder: Deal Addict; Dec 28, 2006; 2378 posts; 64 upvotes; Saskatoon

Dec 24th, 2007 10:12 am

Jobu wrote: ↑Independent legal advice is NEVER required. An individual ALWAYS has the option to waive independent legal advice. In any situation where an individual may have his or her own interest, independent legal advice must be offered. It doesn't need to be accepted.

I'm sure each province has it's own unique legislation

"The Homesteads Act, 1989

The Homesteads Act, 1989 protects spouses, including common law and same sex spouses, who are not the registered owners of their homestead. A homestead is property that is or has been occupied by both spouses as the family home at any time during the marriage.

The Act provides that any agreement for the sale, lease, mortgage, transfer or other disposal of the homestead by the owning spouse to any person other than the non-owning spouse must be accompanied by the consent of the non-owning spouse, together with a certificate of independent legal advice.

When both spouses own the homestead, the separate acknowledgement of consent is not necessary.

If a non-owning spouse is wrongfully deprived of homestead rights, the owning spouse is liable in an action for damages.

The homestead occupied by a debtor is exempt from seizure and sale except where there is a court judgment for the proceeds of sale or foreclosure under a mortgage of the homestead. "

http://www.justice.gov.sk.ca/Homesteads-Act-1989

Dec 26th, 2007 10:06 pm

questrader: Sr. Member; Jul 20, 2007; 801 posts; 4 upvotes

Dec 26th, 2007 10:06 pm

[QUOTE]I want to add my son's name to the deed of the house so it automatically transfers to him when I pass. Is there some agency or ruling body in Ontario for this? Or do I go through those lawyers (I rather avoid this).[/QUOTE]

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Dec 30th, 2007 10:01 pm

83_gemini: Sr. Member; Jul 27, 2006; 678 posts; 10 upvotes

Dec 30th, 2007 10:01 pm

I think the independent legal advice issue stems from contract law requirements regarding unconscionability and the fact the courts have held there are situations where undue influence is presumed. The current foundation is actually in a 2002 British decision; Etridge.

The main issue generally is ensuring the bank is seen as fulfilling it's obligations through provision of advice. In any case given the wrinkles that tend to emerge if the property is of any value it is good to retain actual advice.