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Ready to Get Your Documents Notarized?
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© 2026 Minute Notary. All rights reserved.
Property Transfer Documents: Notarization Requirements in Ontario | Minute Notary Blog | Minute Notary
RealEstate Property Transfer Documents: Notarization Requirements in Ontario Complete guide to document requirements for transferring property in Ontario. Learn what documents need notarization when transferring property between family members, into trusts, or after death.
MN
Minutes Notary
Notary Public • Ottawa, ON
Understanding Property Transfers in Ontario
Transferring property isn't just about buying and selling. Many property transfers happen between family members, into trusts, after death, or as part of divorce or separation. Each type of transfer has specific document requirements.
This guide covers the notarization and documentation needs for various property transfer scenarios in Ontario.
Types of Property Transfers
Sale to Third Party
The most common transfer — you sell your property to a buyer. Handled primarily by lawyers, but may require some notarized supporting documents.
Family Transfers
Transferring property between family members:
Parent to child
Between spouses
Between siblings
Multi-generational transfers
Transfer to Trust
Moving property into a trust for:
Estate planning
Asset protection
Tax planning
Transfer After Death
Property passing through:
Will provisions
Intestacy (no will)
Joint tenancy survivorship
Divorce/Separation Transfers
Property division as part of relationship breakdown.
Standard Property Transfer Documents
Regardless of transfer type, these documents are typically involved:
Transfer/Deed of Land The main document transferring ownership. In Ontario, this is registered electronically through Teraview by a lawyer.
Land Transfer Tax Affidavit A sworn statement for land transfer tax purposes. Includes:
Property value
Relationship between parties
Whether any exemptions apply
Statement of Adjustments Breaks down what each party owes/receives at closing.
Direction Regarding Funds Instructions for how sale proceeds are distributed.
Family Property Transfers Transferring property within families has special considerations:
Parent to Child Transfers
Gift of property
Sale at below-market value
Adding child to title
Transferring family home
Documents that may need notarization:
Spousal Transfers Transferring property between married or common-law spouses:
Document Purpose Matrimonial home declaration Status of property as matrimonial home Spousal consent If only one spouse is on title Statutory declaration of relationshipConfirming marital status
Adding Someone to Title Adding a spouse, child, or other person to property title:
Gift tax implications
Future control of property
Mortgage implications
Land transfer tax (often exempt for spouses)
Transfer document
Affidavit regarding value and considerationDeclaration of relationship
Removing Someone from Title When one owner wants off the title:
Transfer document (quitclaim deed equivalent)
Statutory declaration regarding any considerationMortgage lender consent (if mortgaged)
Transfer After Death When property owners pass away, property transfers differently depending on how it was held:
Joint Tenancy with Right of Survivorship The surviving owner automatically becomes sole owner. Documents needed:
Document Purpose Death certificate Certified copy requiredSurvivorship application To remove deceased from title Affidavit of surviving joint tenantSworn statement confirming survivorship rights
Tenants in Common The deceased's share goes through their estate:
Will determines who inherits
Estate trustee handles transfer
Probate may be required
Transfer Through Estate When property passes through a will:
Document Purpose Will Certified copy Death certificate Certified copy Certificate of Appointment of Estate Trustee Court document (probate) Transmission application To transfer to estate Transfer to beneficiary Final transfer from estate
Affidavits for Estate Transfers
Affidavit of execution of will
Affidavit of death
Affidavit of estate trustee
Affidavit regarding debts and beneficiaries
Transfer to Trust Moving property into a trust involves specific documentation:
Trust Creation Documents
Trust deed or declaration
Trustee appointment
Beneficiary designations
Property Transfer Documents
Tax Considerations Trust transfers may have significant tax implications:
Capital gains on transfer
Land transfer tax (some exemptions may apply)
Attribution rules
Annual trust reporting
Consult with a tax professional and lawyer.
Divorce and Separation Transfers Property division during relationship breakdown:
Matrimonial Home Considerations The matrimonial home has special status under Ontario's Family Law Act:
Both spouses have equal right to possession
Consent required for sale even if one spouse not on title
Specific rules for equalization
Documents for Separation Transfers Document Purpose Separation agreement Outlines property division Transfer of land Moves title to one spouse Statutory declaration Confirms separation, agreement terms Release of matrimonial home rights If applicable
Court-Ordered Transfers If property division is court-ordered:
Notarization Requirements
Documents Typically Requiring Notarization Document Why Notarization Affidavits Must be sworn before notary/commissioner Statutory declarations Must be declared before notary/commissioner Identity declarations May require notarized signature Foreign documents For authentication
Documents Usually Handled by Lawyers
Transfer documents
Mortgage documents
Land transfer tax affidavit
When to Use a Notary vs. Lawyer Situation Who to Use Full property transaction Lawyer Supporting affidavits/declarations Notary or lawyer Certified copies of documentsNotary Power of Attorney for real estate Lawyer (typically)
Powers of Attorney for Property Transfers If someone can't be present for a property transfer, they may use a Power of Attorney .
Requirements
Must specifically authorize real estate transactions
Must be properly witnessed
Should be recent (some title insurers question old POAs)
Must be accepted by other parties (bank, buyer, etc.)
POA for Property Abroad If you're abroad during a property transaction:
POA may need notarization in your current location
May require authentication/apostille
Must meet Ontario requirements
Land Transfer Tax Considerations Ontario charges Land Transfer Tax on most property transfers. Some exemptions exist:
Common Exemptions Situation Exemption Spouse to spouse Generally exempt Adding spouse to title Generally exempt First-time homebuyer Partial refund available Transfer by will or intestacy Generally exempt
Documentation for Exemptions To claim exemptions, you may need:
Common Mistakes in Property Transfers
❌ Not Getting Legal Advice Property transfers have significant legal and tax implications. Always consult with:
Real estate lawyer
Tax professional (for tax implications)
❌ Incomplete Documentation Missing documents can delay registration:
Ensure all affidavits are properly sworn
Get certified copies in advance
Complete all required declarations
❌ Ignoring Tax Implications
Capital gains tax
Land transfer tax
Attribution rules (for family transfers)
Probate fees
After a property transfer, update:
Property insurance
Utility accounts
Mortgage registration
Will and estate plans
❌ DIY Transfers While technically possible for some simple transfers, mistakes can be costly. Professional help is strongly recommended.
Costs Associated with Property Transfers
How We Can Help At Minutes Notary, we assist with property transfer documentation:
We work with lawyers and homeowners to ensure all supporting documents are properly prepared.
Planning a Property Transfer? Whether you're transferring property to family, handling an estate, or going through a separation, we can help with the notarization aspects. Book an appointment with Minutes Notary.
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