It looks like a name change. It is actually a property transfer with tax consequences.

Yes. In Ontario, a transfer of land must be registered on title through Ontario's electronic land registration system, and only a lawyer licensed by the Law Society of Ontario can register it. Your lawyer pulls title, confirms any mortgages or liens, runs the Land Transfer Tax analysis, drafts the transfer, obtains any lender consents required, and registers the transfer on title.

Often no, but it depends. Ontario provides a Land Transfer Tax exemption for transfers between spouses where there is no mortgage assumption and no other consideration. Where the property has a mortgage and the spouse being added assumes a portion of it, Land Transfer Tax may apply on the value of the mortgage assumed. We run the analysis on every file before the transfer is registered, so you know what tax (if any) is owing before you sign.

It depends on how title is held. Where the property is held in joint tenancy with right of survivorship, the surviving owner inherits automatically. We deal with the death by registering a survivorship application that removes the deceased owner from title and shows the survivor as the sole owner. Where the property is held as tenants in common, the deceased owner's share passes through their estate, which usually means a probate application is required before the property can be sold or refinanced. The first step is always to look at title to confirm how the property is held.

Yes, but it triggers consequences you need to understand before you do it. Even though no money changes hands, the Canada Revenue Agency treats the transfer as a sale at fair market value. That can trigger capital gains tax for you (the parent) and Land Transfer Tax for your child unless an exemption applies. The property may also lose its principal residence status for your child, depending on how they use it. We coordinate with your accountant on the tax side and structure the transfer to minimise unintended consequences. This is one of the cases where doing it without legal and tax advice can cost a family far more than the legal work.

Usually yes. Most institutional mortgage documents include a clause that requires the lender's consent to any change in ownership. Adding a spouse, transferring to a family member, or restructuring ownership without lender consent can technically trigger default. In practice, lenders consent routinely to spousal additions and many family transfers, but the consent has to be obtained in writing. We deal with the lender on your behalf as part of the transfer.

Yes, and the difference matters a lot when one owner dies. Joint tenants own the whole property together with a right of survivorship, meaning when one dies the survivor automatically owns it all. Tenants in common own defined shares (often 50/50, but it can be any split), and on death each owner's share passes through their estate, not to the co-owner. Joint tenancy is common for spouses. Tenancy in common is common for siblings, business partners, or unmarried co-owners who want their share to pass to their own beneficiaries on death. We confirm the structure on every transfer because it changes what happens later.