Real estate law · Transfers
Adding a spouse to title, transferring a property to a child, moving real estate into a holding corporation — these are the kind of transfers that look simple from the outside but tend to have moving parts: Property Transfer Tax, lender consent, tax structuring, exemption qualification. We handle them on a flat-fee basis where the file allows.
Three common situations
Spouses
Joint tenancy versus tenancy in common, the PTT exemption that may apply, and the lender consent that is often required.
Family
Parent-to-child transfers, the limited PTT exemption, the gift letter, and the tax considerations to think through with your accountant first.
Holding companies
Moving property into or out of a holding company. PTT applies. Lender consent applies. Tax structuring belongs with your accountant — but we coordinate the legal side.
What we always check
We pull title from the Land Title Office and identify every registered charge — mortgages, liens, easements, restrictive covenants, builder's liens, judgments. Any of these can affect the transfer or require separate handling.
We calculate PTT on the fair market value of the interest being transferred and assess every available exemption (spousal, parent-to-child, marriage breakdown, transfer under a will). We do not rely on an exemption without confirming the qualification documentation.
If there is a mortgage on title, we obtain the lender's written consent to the transfer. Most institutional lenders provide consent on transfers between spouses or to a holding corporation; some impose conditions; some refuse. Knowing this early avoids problems at registration.
GST does not usually apply on a transfer of a previously occupied principal residence between family members, but there are exceptions — transfers involving commercial property, recently completed homes, or substantially renovated properties may attract GST. We confirm the GST treatment on every transfer file.
The Form A transfer, statutory declarations, the PTT return, any required tax certifications, the gift letter or consideration documentation, and the registered transfer at the Land Title Office. We prepare and register everything.
Frequently asked
Common scenarios: adding a spouse to title after marriage or cohabitation, removing a former spouse on separation, transferring a principal residence from a parent to an adult child, moving property into a corporation for liability or tax planning, transferring on the death of a registered owner, or correcting an old registration error. The legal mechanics are similar to a sale, but the consideration is often nominal or zero, and the PTT, GST, lender consent, and tax considerations differ from an arm's-length transaction.
Usually yes. PTT applies to most transfers of registered title in BC, regardless of whether money changes hands. The tax is calculated on the fair market value of the interest being transferred, not on the consideration paid. Several narrow exemptions exist: between spouses, certain parent-to-child transfers, transfers under a will or by intestacy, transfers as part of a marriage breakdown. We assess the exemption on every file before relying on it.
If there is a mortgage on title, almost always yes. Most institutional lenders require written consent before any change to the registered owners. Without consent, the transfer can technically trigger a default under the mortgage. We confirm lender consent at the start of every transfer file.
There can be. Transfers between people who are not at arm's length (parents and children, for example) are deemed for tax purposes to occur at fair market value, even where no money changes hands. That can trigger capital gains tax to the transferor where the property is not their principal residence. Principal-residence designations, attribution rules, and other tax considerations need to be worked through with your accountant before the transfer registers. We do not give tax advice, but we coordinate with your accountant on the timing and documentation.
Comparable to a sale of similar complexity. A simple transfer between spouses with no mortgage is roughly $1,200; a transfer with a mortgage to discharge or assume runs $1,400 to $1,600; transfers into or out of a corporation, or involving multiple titles, are quoted on the file. We confirm the fee at intake.
Tell us the parties, the property, and the reason for the transfer. We'll come back with a flat-fee quote, the PTT analysis, and a list of any consents we will need.