How do I add my spouse to the title of my home in Ontario?

Adding a spouse to title involves registering a transfer at the Land Registry Office that conveys either a half-interest or a full joint tenancy to your spouse. The good news is that Ontario's Land Transfer Tax Act provides a spousal exemption: transfers between spouses (married or common-law in certain circumstances) are exempt from land transfer tax where the only consideration is your spouse assuming an existing mortgage already on the property, or where the transfer follows a written separation agreement or court order — the exemption isn't limited to a principal residence.

To rely on the exemption, you must confirm, through the applicable exemption declaration at registration, that you and your spouse are spouses as defined in the Family Law Act and that the only consideration given is assumption of an existing mortgage (or that the transfer follows a separation agreement or court order). Your lawyer will prepare this declaration at the time of transfer.

Even with the LTT exemption, there are income tax considerations. Adding a spouse to title of a rental or investment property may crystallize a partial disposition for capital gains purposes, so CRA rules should be reviewed. For a principal residence that both spouses occupy, the income tax exposure is usually minimal but still worth confirming. You also need to notify your mortgage lender, as most mortgages require lender consent before a title change is registered.