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Debra
Debra, Lawyer
Category: Canada Law
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What requirements does one need to add names to land title

Customer Question

What requirements does one need to add names to land title : example land title is in mothers name and she wants to add two sons name for joint tenancy?
Submitted: 5 years ago.
Category: Canada Law
Expert:  Debra replied 5 years ago.

Debra Thal (username) :

What has to happen is that the mother needs to transfer the title from herself to herself and her sons.

Debra Thal (username) :

If this is the mother's principle residence then she will not have to pay any capital gains tax.

Debra Thal (username) :

But what you should know is that if the sons are not living there when they go to sell the property down the road they will have to pay capital gains tax so rather than the just considering the issue of probate fees the sons should consult with their own accountants before this is done to see what works out best over all.

Debra Thal (username) :

I am going to do a bit of research to see if I can find the forms online but in my view you should at least consult with a real estate lawyer before doing this on your own.

Debra Thal (username) :

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-661-1095 or 403-228-1722 in Calgary

Customer:

This is the Mothers principle residence (she is 95 yrs old) and she sits on the edge of a small Alberta town

Customer:

She receives no amenities from the town itself pays land taxes. She has 17 acres and her home sits on about 3 acres.We had an appraisel

Debra Thal (username) :

Yes the form they sent you is correct.

Debra Thal (username) :

Here it is online:

Debra Thal (username) :

Now you can fill it out on your computer rather than by hand.

Customer:

done and it came up higher than what the town offered her.by adding the sons name s(who are also her executors on her will) we realize that the sons would pay the capital gains.

Customer:

We read the form on line and questionerd

Customer:

the joint tenancy is this a seperate form that they would have to fill out.

Debra and other Canada Law Specialists are ready to help you
Customer: replied 5 years ago.
Is there a seperate form for joint tenancy in adding the sons names?If the form 8 is filled out on line do they need a commissioner of oath?
Thanks
Expert:  Debra replied 5 years ago.
Yes they do need to have the Form sworn.

As far as my research showed this is the form you use the mother transfers to herself and the sons all as joint tenants.

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