# Remove someone from title



## Dhlwtu (Mar 19, 2019)

Hi everyone, first time on board and first post. My question is this.

Both myself and my brother are on title for a house we bought in Toronto Ontario. I want to get my brother off title and he's aware and fine with it. How do we go about this and what are the implications, if any?

Thx in advance!


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## marina628 (Dec 14, 2010)

If the house has a mortgage you need to qualify without him and you also need to pay land transfer fees ,that's about it.


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## AltaRed (Jun 8, 2009)

A link reinforcing the above http://www.ggfilaw.com/blog/ontario-land-transfer-tax-exemptions.htm I also assume the LTT is based on FMV of the house, and I assume it would only be on 50% of the house (since both owned presumably an undivided joint interest in the house and only 50% is being transferred).

Don't' know how land titles work in Ontario, or whether individuals can do this on their own. 
https://www.fin.gov.on.ca/en/forms/ltt/index.html
https://www.ontario.ca/land-registration/transferdeed-land


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## Just a Guy (Mar 27, 2012)

Technically, you can change the title without telling the bank. It wouldn’t get the other person off the mortgage, but they would be off the title.


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## Dhlwtu (Mar 19, 2019)

Thx guys for the advice.


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## Dhlwtu (Mar 19, 2019)

If I was to take him off title and not tell bank like posted in #4, would I still be on hook for LTT?


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## AltaRed (Jun 8, 2009)

It is the change in deed (title) that triggers the LTT. There is no escaping. 

I've never investigated before, but I doubt title can be changed without the bank knowing as they have an encumbrance on title (the mortgage). That is the whole point the bank wanted in the first place, i.e. to make both parties responsible to carry the mortgage. It is often what parents do to help their kids qualify, i.e. take a 1% beneficial interest on title, to qualify and be just as responsible for mortgage payments.


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## marina628 (Dec 14, 2010)

when i bought my partner out of the house the fees were based on the mortgage value ,house was in Ontario and ,prtgage was $130,000 so it was paid based on the $65000 r half that he owned.


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## Just a Guy (Mar 27, 2012)

You can change title just by going down to land titles. If the bank doesn’t pull the title, which it wouldn’t normally do for no reason after the mortgage is set up, they’d never know. It may not be right, it is the way it works. Land titles doesn’t send out a notice that there has been a change.


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## RussT (Jul 11, 2016)

I think in Ontario you can avoid LTT if the person being removed is not a beneficial owner. In the situation I am familiar with one person on title was merely a co-signor helping an adult child get a mortgage. The parent did not make any payments and did not live in the house. When the mortgage was renewed the adult co-signor was no longer required and went off the mortgage and off the title with no LTT.


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## AltaRed (Jun 8, 2009)

RussT said:


> I think in Ontario you can avoid LTT if the person being removed is not a beneficial owner. In the situation I am familiar with one person on title was merely a co-signor helping an adult child get a mortgage. The parent did not make any payments and did not live in the house. When the mortgage was renewed the adult co-signor was no longer required and went off the mortgage and off the title with no LTT.


That would make sense in that regard, although I think a co-signer has to have at least a 1% beneficial interest. Regardless, this would be a clear reason NOT to have LTT imposed. That is not the case here I imagine. I suspect title is either simply plain Joint Interest, or Tenants in Common.


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## twa2w (Mar 5, 2016)

https://www.fin.gov.on.ca/en/bulletins/ltt/10_2000.html
Re LTT straight from the horses mouth so to speak.
Is he gifting you his share? Is there any money or other consideration involved?


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## Dhlwtu (Mar 19, 2019)

Thx for all you input guys. Very, very much appreciated.


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