Real estate

Title transfers and refinancing in London, Ontario

Not every real estate file is a purchase or a sale. I handle transfers between spouses and family members, and refinancing with a new lender, for homeowners in London and the surrounding area. Many of these files come to me from mortgage brokers.

Adding or removing a spouse

A transfer between spouses can be exempt from land transfer tax when the only payment is taking over part of the mortgage, or when the transfer is made under a written separation agreement or a court order. For this exemption, spouses include married couples and common-law partners who have lived together for at least three years, or who are in a lasting relationship and have a child together.

If you are separating, the transfer should follow the terms of your separation agreement. Your lender will usually need to approve anyone coming off the mortgage.

Adding a child or other family member

Parents often ask about putting a child on title, to avoid probate or to help the child qualify for a mortgage. It can cause more problems than it solves:

  • The child’s share can be exposed to the child’s creditors, a separation or a bankruptcy.

  • You cannot sell or refinance without the child’s signature.

  • If the child does not live in the home, the child’s share may not be covered by the principal residence exemption, and the transfer itself can have income tax consequences.

  • Unless your intention is documented, the law may presume the child holds the share in trust for you, which can lead to disputes among your children after you die.

There is no general land transfer tax exemption for family members. A true gift is usually not taxed, but tax is payable on any mortgage the family member takes over. A secondary will or other planning may achieve what you want with fewer risks, and I will go through the options with you. Speak to your accountant about the tax consequences before any transfer.

Refinancing with a new lender

When you refinance, whether to get a better rate, take out equity or consolidate debt, the new lender’s mortgage is registered and the old one is paid out and discharged. I:

  • Search title and confirm the property taxes are paid.

  • Review the new mortgage terms with you and have you sign, by video if you prefer.

  • Order payout statements, including any prepayment penalty, and pay out the old mortgage and any debts being consolidated.

  • Register the new mortgage, arrange the lender’s title insurance and make sure the discharge of the old mortgage is registered.

Plan for two to three weeks from the lender’s commitment. A straight switch of an existing mortgage to a new lender, with no new money, can sometimes be handled through the lender’s own service without a lawyer, so ask your broker.

Private and second mortgages

I act for borrowers and private lenders on second mortgages and private loans, including the loan documents, title insurance and reporting to the lender. What to check on a private mortgage →

For mortgage brokers

Send me the commitment and the lender’s instructions through the Send a deal form. How I work with brokers.

Useful links

Adding someone to title or refinancing in London or the surrounding area? Get a quote or call (226) 402-0823.

This page is general information about Ontario real estate law as of September 2026. It is not legal or tax advice about your situation.