How Do You Remove a Name From Property Title After Divorce in Ontario?

Taking an ex off title in Ontario generally involves registering a document electronically, and what else is needed depends on your situation. A married spouse may not sell or mortgage an interest in a matrimonial home unless the other spouse joins in or consents, has released their rights in a separation agreement, or a court order authorizes it; these rules cover married couples. Documents are registered electronically through Teraview by authorized account holders.

Land transfer tax is normally calculated on the amount paid for the land, including a mortgage the buyer assumes. A transfer between spouses or former spouses is exempt where the only consideration is assuming a registered mortgage, or where it is made under a written separation agreement or a court order. For this tax exemption, spouses include married spouses and unmarried couples who cohabited continuously for at least three years, or who are in a relationship of some permanence and are parents of a child.

Common-law partners are not legally required to split property acquired while living together, though a partner who contributed may have a claim. If money is paid for the share outside those situations, tax may apply, so confirm the structure first. A lawyer can confirm the steps for your situation.