FAQs
Frequently asked questions.
What documents do I need for a land title transfer in Alberta?
Most transfers need a Transfer of Land, an Affidavit of Value and properly witnessed signatures with affidavits of execution. Depending on your situation, you may also need a Dower consent or affidavit, lender approval, corporate documents, or estate documents such as a grant of probate.
Do I need a lawyer to transfer title in Calgary?
It is not always legally required, but it is highly recommended. Land Titles rejects documents with errors, and mistakes about joint tenancy, Dower rights or mortgages can have serious consequences that surface years later. A lawyer also provides the independent meetings and witnessing many transfers require.
Can I transfer a property that still has a mortgage?
Yes, but usually only with your lender's approval. The mortgage stays registered against the land, and most mortgages allow the lender to demand repayment if ownership changes without consent. The new owner may need to qualify with the lender, or the property may need to be refinanced.
How long does a land title transfer take?
Preparing and signing documents can often be done quickly once we have what we need. The longer steps are usually lender approvals and Land Titles processing, which can range from days to several weeks. We tell you the expected timing at the outset.
Are there taxes on transferring property to a family member?
There is no land transfer tax in Alberta, but income tax can apply. Transferring a property that is not your principal residence may be treated as a disposition at fair market value, triggering capital gains. Speak with a tax professional before transferring to family, and let us document the transfer properly.
What happens to my title if my co-owner dies?
If you held title as joint tenants, you can apply to Land Titles to remove your co-owner's name with proof of death, and the property becomes yours. If you were tenants in common, their share passes through their estate, usually requiring a grant of probate or administration before it can be transferred.
This information is general and is not legal advice. For advice on your situation, book a consultation.