Adding a spouse, gifting to children, severing joint tenancy, transferring into a trust, or restructuring between corporations — title transfers look simple on paper. Done wrong, they trigger LTT, mortgage default, capital gains, or family-law disputes. Done right, they're elegant estate planning.
Most title transfers fall into one of six patterns. Each has its own LTT exemption rules, lender consent requirements, and tax consequences. Khan Law confirms which applies before any document gets signed.
Joint ownership with right of survivorship — typical post-marriage or moving in together. Often LTT-exempt as a spousal transfer with no consideration.
Convert "joint tenants" into "tenants in common" so each spouse's share passes through their estate, not by survivorship. Common in second marriages and estate planning.
Gifting your home (or rental) to a child during your lifetime. Triggers deemed disposition at FMV; principal residence exemption may absorb the gain. Children become legal owners with creditor exposure.
Asset protection, succession planning, or estate freeze. Generally LTT-exempt where you remain a beneficiary. Triggers deemed disposition at FMV.
Property is on title in one name but the family understands it belongs to another (often parent-funded purchases). Reconciliation requires careful documentation to avoid CRA or family-law fallout.
Property moves between related corporations (often via Section 85 rollover) for tax planning, estate freeze, or restructuring. Coordinated with tax counsel.
Title transfers are easy to register and very hard to undo. Read these before you commit — Khan Law walks through every one of them in your initial consultation.
Even on "gifts," if the recipient assumes a mortgage or owes consideration, Land Transfer Tax applies on that amount. Khan Law analyzes consideration before registration.
CRA treats most non-spousal transfers as deemed sales at fair market value. Capital gain may be taxable to the giver — even with no cash exchanged.
"Due-on-transfer" clauses in most mortgages mean a title change without lender written consent is a default — triggering immediate demand for full payout.
Adding a child to a parent's title disqualifies that child from the First-Time Home Buyer rebate on any future purchase — they're now legally a "homeowner" in CRA's eyes.
Adding a spouse to title makes the property subject to Family Law Act equalization on separation. Once added, you can't easily remove. Marriage contracts can shield this — talk to family counsel first.
Undoing a transfer means a second LTT, re-establishing capacity (especially for elderly transferors), re-obtaining lender consent, and possibly defending the reversal in court. Document intent up-front.
Free 20-minute consultation before retainer. We tell you the tax consequence, the lender risk, and the exemption analysis up-front. If a transfer is the wrong move, we say so — even when it costs us a file.
Quick check based on the relationship between transferor and transferee, and whether any consideration (cash or assumed mortgage) is involved.
Enter 0 for a true gift with no debt assumed. Enter the mortgage balance the recipient is taking on, plus any cash paid.
Indicative only. Final exemption analysis depends on the precise facts (relationship documentation, mortgage assumption agreement, trust deed terms). Khan Law confirms before registration.
Property held by a corporation moves differently than property held personally. Whether you're freezing an estate, restructuring a holdco, or rolling property into a new entity, Khan Law works in concert with your tax counsel to register the legal title transfer correctly.
Tax-deferred transfer of real estate into a Canadian corporation in exchange for shares. Khan Law registers the legal transfer; your tax counsel files the s.85 election.
Cap your accrued gain by exchanging common shares for preferred shares of equal value, freezing future growth in the next generation's hands. Real estate often sits inside this structure.
Move operating real estate into a separate holdco for asset protection, financing flexibility, or sale-of-business planning. Inter-corporate transfers analyzed under O. Reg. 70/91.
Bare trust arrangements where the corporation holds legal title but a related party holds beneficial ownership. Often a CRA reporting trigger — proper documentation matters.
Inter-corporate transfers vary in scope — some are clean rollovers, others involve multiple LROs, lender consents, and tax counsel coordination. Typical fee range: $1,499 – $3,500 + HST, plus disbursements.
A flat fee covers exemption analysis, document preparation, lender coordination, and Teranet registration. 4 steps from retainer to title.
Personal transfers below. Corporate / inter-corporate transfers quoted individually.
Disbursements typically $250–$400 (Teranet, software, courier). Title insurance update $200–$300 if applicable.
Title transfers are the smallest files I run, and the most consequential. The mistake I see most often: someone gifts a property to a child to "keep it in the family," doesn't consult a lawyer, and only learns about deemed disposition (CRA), lost FHB rebate, mortgage default, or family-law exposure years later — when it's too late and too expensive to fix.
Personal transfers, family gifts, trust planning, inter-corporate restructures — they all deserve 20 minutes of clear advice before anything gets registered. We give that advice for free. If a transfer is the wrong move, we'll tell you that too.
Common exempt transfers: spousal transfers for natural love and affection (no consideration); transfers to a family trust where you remain a beneficiary; severance of joint tenancy with no change of ownership; certain inter-corporate transfers under LTT Act regulations. Assumed mortgage usually creates 'consideration' and breaks the exemption — we confirm before registration.
Yes. Most mortgages contain a 'due-on-transfer' clause requiring lender consent for any title change. Khan Law obtains written consent as a standard step. Failure to do so is a default that can trigger immediate demand for full mortgage payout.
Under CRA's deemed-disposition rules, gifting property to anyone other than a spouse triggers a deemed sale at fair market value. Capital gain (FMV minus cost) is taxable to the giver. Principal residence exemption may eliminate the gain. We flag the tax exposure; consult your accountant for filing.
Severance converts joint tenancy (with right of survivorship) into tenants in common (each spouse owns a defined share that passes through their estate). Common in estate planning, second marriages, and asset protection. Generally LTT-exempt and doesn't change ownership %.
Yes. Transfers to a family trust where you remain a beneficiary are commonly LTT-exempt and a useful estate-planning tool. Triggers deemed disposition at FMV (capital gain may apply). We coordinate with your tax advisor and prepare trust deeds, transfer documents, and registration.
Section 85 of the Income Tax Act allows a tax-deferred transfer of property from an individual to a Canadian corporation in exchange for shares. Common in business owner estate freezes and holdco-driven real estate ownership. Khan Law coordinates the legal title transfer with your tax advisor's s.85 election filing.
Reversal is possible but expensive. A second LTT applies on the return, capacity must be re-established, lender consent re-obtained, and beneficial-vs-legal title arguments may need to be made. Document intent up-front before the original transfer.
Common gift-during-life scenario. Tax consequences: deemed disposition at FMV (likely covered by parent's principal residence exemption); the home becomes your asset (loses principal residence exemption later if not your principal residence); creditor exposure for you. Beneficial vs legal title arguments may also matter. We walk through tradeoffs before you proceed.
Yes. Inter-corporate transfers are common in restructurings, estate freezes, and tax planning. LTT may or may not apply depending on the relationship between corporations and any consideration paid. Khan Law works with your tax counsel to structure transfers under available LTT exemptions in O. Reg. 70/91.
Standard transfers close in 7–14 business days from retainer to registration. Complex transfers (trust, inter-corporate, with lender consent) take 14–28 days. We confirm timing at retainer based on the specific transfer type.
Title transfers rarely happen in isolation — they're usually part of a larger plan.
Title transfers are a tool in a broader plan — wills, trusts, and tax minimization come together.
Plan together →Coordinate transfer-on-death with severance, joint tenancy, and beneficiary planning.
Update your will →Transferring matrimonial home post-separation requires NFP analysis and Family Law Act compliance.
Family-law context →Title planning starts at purchase — joint tenancy vs tenants in common, holdco vs personal.
Purchase counsel →If a transfer isn't the right move, we'll tell you that. Free 20-minute consultation, no commitment.
Same business-day response.
