Can I transfer my house to my child without selling it in Ontario?
Yes, you can transfer title to a family member without a traditional sale. In Ontario, this is typically done by way of a deed of gift or a transfer for nominal consideration. The transfer must still be registered at the Land Registry Office and land transfer tax (LTT) is calculated on the value of the consideration actually given — money paid plus any mortgage balance the child assumes. A true gift with no money changing hands and no mortgage assumed has nil consideration, so no LTT is payable; fair market value is substituted only in specific cases (such as certain transfers involving corporations or trusts).
There are also income tax implications. Canada Revenue Agency may treat the transfer as a deemed disposition at fair market value, triggering capital gains tax on any accrued gain if the property is not your principal residence. If it is your principal residence, the principal residence exemption may shelter the gain — but the rules differ if your child does not live there.
A lawyer and accountant should both review this before you proceed, as the interaction between LTT, income tax, and any existing mortgage makes these transfers more complex than they appear.
Key takeaways
- Land transfer tax is based on the consideration given (money paid plus any mortgage assumed) — a true gift of a mortgage-free property attracts no LTT.
- A gift of property may trigger capital gains tax on your income tax return.
- The principal residence exemption can apply but depends on occupancy facts.
- Always involve a lawyer and accountant before signing the deed.