How do I change the title ownership name on my property deed in Nova Scotia?

/ Highlander Law Group/

The only way you are able to change the ownership of a property in Nova Scotia is by signing a new deed. The most common way, if you are not selling your property is by way of a “Quit Claim Deed”.

There are several things you need to consider before doing this:

Permission from Lender

Is there a mortgage, including a secured line of credit? If yes, your lender needs to approve of title changes.

Spousal Consent for Matrimonial Homes

Is it a matrimonial home? If you are legally married your spouse will have to sign off even if they are not on the title to the property.

Tax Implications

Have you considered tax implications?

- Deed transfer tax implications: if you are adding someone from out of province, even if it is a 0$ gift transfer they may be liable to pay the 5% non-resident transfer tax (based on the assessed value of their “share”),

- There may also be capital gains implications of gifted transfers if it is not your principal residence.

- It is important to consult with a tax professional to understand the tax implications.

Joint Tenant vs Tennant in Common

You will have to decide whether you want to own the property as ‘Joint Tenants’ with the new owner, which means you own the property equally or at Tenants in Common, where you each only own a certain percentage of the property. If you’re not sure which way makes sense for you, check out our blog: Joint tenants or tenants in common in Nova scotia - what’s right for you?

Co-Owner Agreement

If you are adding anyone who is not your spouse to the title to the property it is advisable to have an agreement in place for splitting expenses etc. and proceeds upon sale ahead of time so you do not have issues when these things come up.

No Removal Without Consent

Remember, you are never just ‘putting someone on title’. The person you are adding becomes a part-owner, just like the original owners. You will not be able to remove them as an owner in the future without their written consent.

Executing and Registering a Quit Claim Deed in Nova Scotia

Once you have decided you are ready to move forward, typically, you would hire a lawyer to draft the deed. You will need a witness when you sign the deed. Anyone already on title has to sign the new deed to add a new owner. You will also need to swear an affidavit that you are the age of majority and confirm your spousal status. This document needs to be signed and witnessed by a lawyer/notary public/commissioner of oaths. If your land has been ‘migrated’ to the new land registration system, the deed will need to be filed at the appropriate land registration office by a qualified lawyer. (If you’re not sure about whether your property is migrated, check out our blog: What is a "migration" and why do you care?

Changing the ownership of your property is a big decision with serious financial and legal implications. If you are considering changing who is on title to your property, we strongly recommend you get advice from a Nova Scotia lawyer.

For more information, check out our other blogs on this topic:

If you have any questions about power of attorney’s you can call us at (902) 826-3070 or email us at info@highlanderlaw.ca to set up a meeting with one of our lawyers at our Tantallon law firm. You can also schedule a no commitment Issue Review Consult for $250+HST where you have the opportunity to explain your situation to a lawyer and get basic advice before deciding whether or not you'd like to retain us

By: Briana C. O’Grady J.D - Lawyer

The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. Nothing contained on this blog is legal advice or constitutes a legal opinion. While it is our goal to provide information which is current, legislative changes and court decisions, among other matters, may result in some information no longer being current or accurate. You should consult a lawyer before relying on any information. The views expressed herein by individual contributing lawyers posting entries to the blog are solely those of the authors and should not necessarily be attributed to or considered representative of the firm of Highlander Law Group Lawyers