# Title deed on home



## BabyMama (Aug 8, 2010)

Hi,

Hoping to get some advice. When hubby and I got married, we joined all finances but somehow overlooked the deed to the house. 

How much would it cost to have me added to the deed?

If I don't get added and something happens to hubby, and I "inherit" the house, does that mean I have to pay extra taxes?

Thanks 

(sorry to those who saw this on the tax page. it was suggested i move this to the real estate forum)


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## K-133 (Apr 30, 2010)

You're assuming that you'll inherit the house...

har har 

I am assuming that this is where you live. If so, this is considered the marital home, and therefore legally considered to belong to both of you. Though, I'm not sure how it all works out in the event of his disappearance.

Aside from the minimal lawyer fees to change the name on the home, you may (I'm not sure) be exposing yourself to a land transfer tax (not negligible).

I'd suggest that you sit down together with your lawyer to discuss what would be best for your situation. 

Anything I or anyone else says here should be taken with a mound of salt.


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## NotMe (Jan 10, 2011)

K-133 said:


> You're assuming that you'll inherit the house...
> 
> har har
> 
> ...


Agree that you should speak with your lawyer. Here's my own experience:

When my wife and I bought a house, I deliberately left my name off the deed on advice of my lawyer, as I intend to open my own business some day. Because we are legally married and it is the matrimonial home, it is jointly owned by us regardless of who's name is on the deed. Note the importance of being legally married, not common law. Adding my name would not trigger land transfer but would incur legal costs for not much added protection.

Technically if we were to divorce it means she can force the sale of the house but I'd still get half the proceeds which is the most likely course of action if we were to separate anyway (neither of us would want the house). That assumes extreme hostility on both sides, if one of us wanted the house I like to think we could work something out but the downside isnt' that bad.


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## Four Pillars (Apr 5, 2009)

It costs a few hundred to get added to the deed.

Doing so will save on probate fees (taxes?) if your spouse dies before you.


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## mrbizi (Dec 19, 2009)

If it's your _matrimonial home_, your name does not have to be on the deed/title for your husband's interest to be transferred to you upon death. Also, the house will not be part of your husband's estate.

But for your peace of mind, it would be best to consult a lawyer.


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## Plugging Along (Jan 3, 2011)

In AB, when my parents had some title transfers, I think it was about $400 each, but had a discount from the lawyer due to having multiple transfers. 

There is no probate on the matrimonial home, nor are there any taxes irregardless of what's on the deed.


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## OhGreatGuru (May 24, 2009)

Plugging Along said:


> In AB, when my parents had some title transfers, I think it was about $400 each, but had a discount from the lawyer due to having multiple transfers.
> 
> There is no probate on the matrimonial home, nor are there any taxes irregardless of what's on the deed.


Yeah, but somebody somewhere (Land Titles + possibly legal fees) is going to charge the widow a fee to change the title, or she will have one heck of a time doing anything with it later (sell/refinance/whatever). Better to get her affairs in order now.


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