Can I Put My Child on My House Title in Manitoba?

Many parents hear that putting a child on the title will avoid probate. It can sometimes do that, but it also changes who owns the home today, and not always in the way you intend.

This article explains the basic rules in Manitoba, the main risks, and the alternatives worth discussing with a lawyer before you sign anything.

This article covers the law of Manitoba.

How joint ownership works at death

Where land is held in joint tenancy and one owner dies, the survivor can apply to be registered as owner by request without going through the estate. That is why adding a child as a joint owner is seen as a way to skip probate. The exact section number should be confirmed against the current Act.

By contrast, transferring a deceased sole owner's house requires a court grant, either probate or administration, so a personal representative can apply to Land Titles. A notarial copy of the grant is filed with a transmission vesting title in the personal representative, then a transfer is made to the beneficiaries, and the two can be filed together.

The risks of adding a child to title

• Loss of control: once your child is an owner, how the home can be sold or mortgaged may change, so confirm this before you sign anything.
• Land transfer tax: whether tax applies to a transfer to a child depends on your situation, so ask about it before the transfer.
• Unequal treatment: if you have other children, how the house passes may depend on how it is held, so check how title works with your will.

The government page refers to some exceptions to the buyer paying land transfer tax but does not list them, so ask whether any applies to a transfer to a child. Also, the tax is due on registration of the transfer of title at the land titles office. Where land is held in joint tenancy and one owner dies, the survivor can apply to be registered as owner without going through the estate.

Is probate really the problem?

Probate can be less burdensome than people fear, and some situations are simpler. No land transfer tax is payable on a transmission into the name of a deceased owner's personal representative, though you should confirm this with Land Titles. For small estates, an administration order can vest land directly in the beneficiary without a transmission to the representative, and the threshold reported for this is $10,000, which should be verified.

If a personal representative holds a grant from another province, they may need to reseal it or obtain an ancillary grant in Manitoba. A lawyer can tell you whether your situation is straightforward.

Alternatives to consider

There is no single right answer. Depending on your goals, these options are worth discussing with a lawyer:

• A current will naming a trusted executor, so the home passes as you choose.
• Joint ownership with a spouse or partner, which may already provide survivorship.
• A trust or other planning structure, if your estate or family situation is complex.
• Keeping the home in your name and planning for incapacity, for example with a power of attorney.

Each choice has different effects on control, tax and fairness among your children.

What to do next

• Get a copy of your current title and note how it is held.
• List your goals: avoiding probate, fairness, keeping control, protecting the home.
• Speak with an accountant about capital gains before any transfer.
• Ask a lawyer to compare joint ownership with a will and other options.
• Do not sign a transfer until you understand how it affects you and your child.

Frequently asked questions