How Do I Add my Common Law Partner to the Title of my Nova Scotia home so they are an Owner too?

Scenario: Sole Owner wants to add Common Law Partner to Mortgaged Property

Jane Doe purchased the property a number of years ago and is currently the sole owner. Several years remain on the mortgage. Jane wants to make her common law partner an equal owner of the property and would get the house outright, with as few complications as possible, if Jane died.

Solution: Add Partner to Title as Joint Tenant via Quit Claim Deed

The first step is to consult the mortgage lender. No one can be added to the title of a property without consent of the lender. The lender will usually require the new person to be added to the mortgage. If the person does not qualify, then they can not be added to the title.

Execute a Quit Claim Deed

Assuming the person is approved by the lender, the only thing that needs to be done is the owner signs and registers a Deed. The most common way to add a partner to title is by way of a ‘Quit Claim’ Deed. The Deed will specify that the property will now be owned by both parties as ‘Joint Tenants’, meaning that if one of the two dies, the survivor automatically becomes the sole owner of the property without the estate needing to go through the Nova Scotia Probate Court.

Registration of the Quit Claim Deed

Once the Quit Claim Deed is executed, you should register it at the Nova Scotia Registry of Deeds. If the land is migrated, the Deed must be registered at the Nova Scotia Land Registration office. You will require an authorized lawyer to register the deed at the Land Registration office. The Registry charges a $100 (no tax) fee to record the document. The only other cost is the fee the lawyer charges for their legal service.

No Removal Without Consent

Remember ‘Adding someone to the title” of a property means they are a full owner, just like you. You will not have the ability to remove them without their consent if you change your mind.

Co-habitation Agreement Strongly Advised

If you are adding someone other than a legally married wife/husband as joint owner to your property, it is strongly advised that you also enter into a co-habitation agreement. The main function of a co-habitation agreement in Nova Scotia with respect to the house would be to outline the expectations as to who is responsible for what costs and to make clear what would happen if the relationship ends. For example, it could dictate who gets to keep the property (or whether you agree it would be sold), and who gets what percentage of the equity.

By: Briana C. O’Grady - Lawyer

Have Questions For Us?:

If you have any questions about changing the ownership of your property 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.

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