How Do I Add or Remove a Name on a Property Title in Alberta?
This answer covers the law of Alberta.
To add or remove a name, you generally register an instrument at Land Titles, as an interest passes only by registration, except a leasehold of three years or less. A deceased joint tenant's name is removed on application instead. The prescribed transfer form is Form 8.
How the names are held matters. People who receive land together take as tenants in common unless the instrument shows an intention to create a joint tenancy. An owner can convey land to themselves jointly with others, and can convert between joint tenancy and tenancy in common. When a joint tenant dies, the Registrar on written application grants a new certificate of title in the name of the survivor.
A married owner's homestead needs the spouse's written consent, which a court can dispense with; spouses signing as joint tenants or tenants in common are treated as releasing dower rights, and the Dower Act does not apply to land co-owned with someone other than the spouse. Whether a lender must agree depends on your mortgage contract, so check with your lender. The person receiving the land must pay a registration levy, set at $5 per $5,000 of property value for submissions received on or after October 20, 2024.
Key takeaways
- After a certificate of title is granted, an interest in the land passes only by an executed, registered instrument, except a leasehold of three years or less.
- Co-owners take as tenants in common unless the instrument shows an intention to create a joint tenancy.
- A married owner generally needs the spouse's written consent to dispose of a homestead, though a court can dispense with it in some cases.
- Lender consent depends on your mortgage contract, so check with your lender and a lawyer before you transfer.