How to Add a Spouse to the Title of Your Alberta House

Many couples decide to put both names on the title of the family home, whether after marriage, after a purchase in one name, or as part of estate planning. The process is a land title transfer, so it follows the same basic steps as any other transfer.

This article walks through the Alberta steps, the forms Land Titles uses, the Dower Act issue for married owners, the registration costs and the tax and mortgage points to check first.

This article covers the law of Alberta.

Start with how you want to hold title

Before any paperwork, decide how the two of you will own the home. Joint tenancy gives each owner a right of survivorship. Tenancy in common gives each a separate share that goes to their estate on death.

This matters because spouses are joint tenants only if the transfer says so. If you want survivorship, the transfer must state it.

A husband may transfer land to his wife, and a wife to her husband, without the intervention of a trustee.

The Dower Act and married owners

A married person may not dispose of the homestead unless the spouse consents in writing, or the Court has dispensed with consent under section 10 of the Dower Act. Consent is also not required in cases under the Agricultural and Recreational Land Ownership Act regulations and section 35 of the Citizenship Act. A homestead must have the owner's residence on it, and is limited to one quarter section outside a city, town or village, or up to 4 adjoining lots in a block in a city, town or village.

Land Titles notes that where dower requirements apply and there is only one current owner, a dower option is needed, such as spousal consent and acknowledgement, a dower affidavit, a release, or a court order dispensing with consent. Adding a spouse to title is a case where the transfer is between married persons.

There is an exception: if a married person owns land as a joint tenant, tenant in common or partial owner with someone other than the spouse, the Dower Act does not apply to that land. The Dower Act deals with married persons, so ask a lawyer how it applies if you are not married.

Forms, signatures and where to send them

You add or remove a name on title using the Transfer of Land form, and all current registered owners must sign it. The form asks for:

• the full names of the current owners (transferors)
• the full names and addresses of the new owners
• the full legal land description, not the civic address
• the consideration, meaning the amount paid, if any
• the name and address of the witness to the transferors' signatures

Documents are mailed or delivered to a Land Titles office, in Edmonton or Calgary. In-person service was noted as paused, with phone and email support available, so check current submission options before you go.

Registration costs and tax

The transfer registration levy is $50 plus $5 for each $5000 or portion of $5000 of the value of the land. For example, $200,000 gives $50 plus (40 x $5), or $250. It is paid by the transferee. The rate rose to $5 per $5,000 for submissions received on or after October 20, 2024.

Fees are due at submission. In person, Land Titles accepts cash, a cheque payable to the Government of Alberta, or credit or debit. Some transfers are exempt from the levy, such as one correcting an error or reversing an aborted sale. Ask whether an exception applies to you.

On tax, a gift of capital property to a spouse or common-law partner generally produces no capital gain or loss, because the spouse is treated as acquiring it at the transferor's adjusted cost base. The transferor may elect not to have this rule apply, in which case proceeds are deemed to equal fair market value. If the spouse later sells, the transferor usually reports the gain while a Canadian resident and still married or common-law, except where they live apart because of a relationship breakdown and an election is filed.

Your mortgage lender and next steps

Whether your lender must consent to a change in title depends on your mortgage contract, including any transfer or due-on-sale terms. Read your mortgage and confirm with the lender before you register.

• Decide between joint tenancy and tenancy in common.
• Confirm whether the Dower Act applies and which dower option you need.
• Contact your lender about your mortgage terms.
• Get the full legal land description from your title.
• Complete the Transfer of Land form and arrange a witness.
• Prepare the levy payment and submit to the Land Titles office.
• Ask an accountant about tax reporting for the year of transfer.

Frequently asked questions