Transfer of Title

How does the title transfer process work?

In short, once we receive your intake information and supporting documents, we prepare the necessary legal forms, conduct a title search (if required), obtain signatures, and register the transfer electronically with the land registry office.

What information does Fletcher Barrow need to facilitate my title transfer?

After you complete our intake form ([Insert Link Here]), you will receive a checklist outlining the documents and information we require, which may include:

• Government-issued photo ID,
• Details of the current ownership and proposed ownership changes,
• Contact information for any mortgage lender or financial institution (if applicable),
• Existing property tax bill,
• Relationship documents (e.g., Marriage Certificate, Separation Agreement, Death Certificate, if applicable).

It’s important to notify any relevant parties, including lenders, that Fletcher Barrow is handling the title transfer.

What are the costs involved in transferring a title?

You will receive a detailed breakdown of:

• Legal Fees (quoted upfront),
• Disbursements such as title search costs, registration fees, and land transfer tax (if applicable),
• Title Insurance Premium (if required or recommended).

If you would like a personalized estimate, please contact us or request a quote here: Get Quote.

Can you assist with both residential and commercial title transfers?

Yes!
We regularly assist with title transfers for:

• Residential properties (single homes, condos, townhouses),
• Commercial properties,
• Investment properties,
• Vacant land.

Each type of transaction is tailored to meet your specific needs.

Do I have to pay Land Transfer Tax when transferring title?

In some cases, yes.
Land Transfer Tax may be applicable if the transfer involves consideration (payment or assumption of debt), but certain exemptions may apply, such as:

• Transfers between spouses,
• Transfers due to marriage breakdown,
• Transfers to a family trust,
• Gifts between immediate family members.

We will assess your situation and advise if Land Transfer Tax is payable.

Can you transfer title between family members?

Absolutely.
We can assist with transfers between spouses, parents and children, or siblings.
We will also guide you on whether a gift of property may trigger Land Transfer Tax or other tax consequences, and whether a Family Law Act Spousal Consent is needed.

What happens if there is a mortgage registered on the title?

If there is an existing mortgage registered, we must ensure that:

1. The lender consents to the transfer (if necessary),
2. Or the mortgage is discharged before or after the transfer (depending on the situation).

In many cases, transferring title without lender permission may breach your mortgage agreement, so it’s important to involve us early to coordinate appropriately.

Can multiple people be added or removed from title?

Yes.
You can add or remove individuals from title, including:

• Adding a spouse after marriage,
• Removing an ex-spouse after separation,
• Adding a child or family member for estate planning purposes.

We will advise on whether joint tenancy, tenancy-in-common, or other arrangements are appropriate based on your goals.

What is the difference between joint tenancy and tenancy-in-common?

• Joint Tenancy: If one owner dies, their interest automatically passes to the surviving owner(s).
• Tenancy-in-Common: Each owner holds a specific share, and their share passes to their estate upon death.

Choosing the right ownership type has significant legal and estate planning implications — we will help you decide the best fit.

Do I need to be physically present for the title transfer?

No.
At Fletcher Barrow, we offer virtual signing appointments, allowing you to sign the required documents securely from anywhere in the world.
We use secure e-signature technology and video conferencing to verify your identity.

How long does a title transfer take?

Once all required documents and information are provided, most standard title transfers can be completed within 1–2 weeks.
Timelines may vary depending on the complexity of the transaction and third-party involvement (e.g., lenders).