# Is it a good idea to add my name to the house title?



## will marek (Jun 15, 2021)

My mother and I have live together in the same house in Winnipeg. She is in her nineties and I'm in my early sixties.

The house is owned outright by my mother - no mortgage or any money owing. 

This house has always been registered as my legal place of residence (over 40 years), and I've lived here full time for the last five years. 

I have no siblings and I'm the sole beneficiary of her will. I also have power of Atty. And all money and investments are in a joint account (managed by me) with right of survival going to me.

We do not have probate fees in Manitoba. But I wish to avoid lawyer's fees and land transfer fees when she passes…

My mother is perfectly happy (and even suggested herself) to transfer title of the house to me.

I talked on the phone to a lawyer about this, and he treated me like a criminal. He pointed out that I could do anything including kicking my mother out, losing the house through gambling debts(!), re-mortgaging, and so on…

Now I don't gamble, and I am not going to kick my mother out. Also my mother is totally competent, trusts me, and wishes to make things as easy as possible for me when she passes.

For the last five years I have been badly disabled, unable to work. So I'm not working, have no disability benefits (for a variety of reasons), and will not get OAS for another few years. I'm worried about my future, and want to prepare properly.

My concern, as I said above, is to avoid paying thousands of dollars in lawyer's fees to probate the will (the only thing in the will is the house which is worth about $400,000). I also wish to avoid paying land transfer fees.

So, is it a good idea to add my name to the house's title, or even to have the house be given to me direct?

Also, can this be done without a lawyer in Manitoba?

Saving $5000 to $10,000 dollars is a big deal to me…

Thank you, Willy


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## AltaRed (Jun 8, 2009)

The lawyer is right to treat you like an a-hole that you actually appear to be. The very most that might be suitable to be done is to put the house in Joint Tenancy, i.e. joint title.. Not sole title in your name. IANAL but I suspect the Manitoba Bar Association would consider it poor legal practice if the lawyer did as asked.

I am sure if you look up Land Transfer fees, you will find waivers for non-arm's length transactions, i.e. nothing more than an administrative fee, in the case of Estates with Wills and beneficiaries. No different than being added to title now. That is a red herring.

Even if you could add yourself to the title using your POA, you would be violating your duties as an Attorney by using that power to ingratiate yourself. That is a conflict of interest and I'd be surprised whether land titles would accept you adding yourself to title. I certainly wouldn't let you do that.


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## will marek (Jun 15, 2021)

Wow! Sorry if I gave a totally wrong impression I am ABSOLUTELY NOT intending to do anything using my POA. I only mentioned that so people understood our situation. My mum and I will be doing this together.

So to be clear, I am not talking about doing anything by myself. As I said, my mum is in total agreement - it was in fact her idea, and she would be totally involved in any decision. My question is NOT about using my POA to do anything at all. That would indeed make me an a'hole. Sorry if I offended anyone. I am new to this.

I am afraid I don't understand the rest of your answer.All I want to know is how to avoid lawyer's fees and transfer fees to save money in the future...

I feel terrible that it sounds like I am going behind my mum's back. I am having a hard enough time making it through the day without people saying I am trying to steal from my mother. I am not.


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## will marek (Jun 15, 2021)

So Joint Tenancy would avoid land transfer fees and the need to hire a lawyer to probate a will? If that is true, that would be great. Do I need a lawyer for that?


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## bgc_fan (Apr 5, 2009)

will marek said:


> Wow! Sorry if I gave a totally wrong impression I am ABSOLUTELY NOT intending to do anything using my POA. I only mentioned that so people understood our situation. My mum and I will be doing this together.


The way that you presented it to the lawyer would sound like you were trying to "steal" the house. It should be your mother going through the motions since her name is on the title, and you go through joint tenancy as @AltaRed said.

My mother considered putting my and my sister's name on a joint tenancy for similar reasons of probate, but I said that it wasn't a good idea. The situations are a little different as neither my sister nor myself live with my mother, and since I'm married, the last thing I would want is my mother's house as part of my assets in case of divorce.

As for joint tenancy, it depends on jurisdiction. I think locally, it used to be something you could just do with city hall, fill out some forms and you're done with it. But now it requires a lawyer to do. Check with your city services.


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## will marek (Jun 15, 2021)

Thank you. I am still very upset from the other response.


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## AltaRed (Jun 8, 2009)

will marek said:


> Thank you. I am still very upset from the other response.


You are welcome. I don't mind at all if your are upset at my response given what you said....and I will quote and emphasize some sentences......


> My mother is perfectly happy (and even suggested herself) to transfer title of the house to me.
> 
> I talked on the phone to a lawyer about this, and he treated me like a criminal. He pointed out that I could do anything including kicking my mother out, losing the house through gambling debts(!), re-mortgaging, and so on…
> 
> ...


Flags are everywhere in my underlined portions
1. Why even suggest transfer of title to you? You should have been adamant in your post that you wouldn't consider anything other than joint tenancy at most. In two places, you are promoting an asset grab into your own name.
2. Where is all your net worth from working during the first 50 years of your life before you became disabled? Surely you had time to amass 6 digits in assets yourself?
3. Why would you want to not engage a third party, e.g. lawyer, to do any kind of title adjustment, to demonstrate you are not in this for yourself? I am sure a realtor or a notary public in a realty office knows how to register changes in title.
4. Why would you have not already researched applicable land transfer tax waivers for family/non-arms length transfers? If you are capable of managing your mother's investments, surely you can google Manitoba land transfer provisions, including waivers and registration processes.

I stand behind my opinion.


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## ian (Jun 18, 2016)

My parents were joint owners. When one died it was as simply as taking the death certificate to the land titles office (BC) and having the title amended. Absolutely no issue with transfer tax or probate.


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## AltaRed (Jun 8, 2009)

ian said:


> My parents were joint owners. When one died it was as simply as taking the death certificate to the land titles office (BC) and having the title amended. Absolutely no issue with transfer tax or probate.


Every province has different rules but I would imagine all of them have some range of land transfer tax exceptions (waivers). It is incumbent on the OP to research and determine what they are for his province.


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## Spudd (Oct 11, 2011)

I googled it for Manitoba and it seemed like it was only waived for spouses but I didn't delve too deeply.


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## Ponderling (Mar 1, 2013)

Different case for wife and I - we were joint and I had a bylaw breach against a shed I built. Was 'too big' by the thickness of the siding to be building permit, I found out after it was built. 

Then freaked out that I did not use engineered trusses for the roof - well simple 8' span and old rafter framing worked fi when they actually looked at my application. 

Then freaked out that I built it on six footing piers and demanded sealed drawings for the whole structure. I finally convinced them that sealed drawings only needed for footings. Balance of structure too small to require sealed plans if built to building code. Footings were needed to put it above spring high water mark because in past they screwed up and approved neighbour pool and shed on top of my overland flow route to the catch basin.

City prosecutes for not getting building permit within prescribed time. Then plays cat and mouse with me and issues permit once I am slated to to go to court. 

I am found guilty, and since joint they levy same fine amount to each of us, ie double fine us. 

Two weeks later we paid $800 to a lawyer to change title to sole ownership


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## Beaver101 (Nov 14, 2011)

I think it would have been best (and the intent) of the poster to just ask the title question and not have to divulge or explain himself with all that info in his first post. Anyhow, there're nuggets of info in all the responses. Good luck.


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