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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96489
Experience:  Lawyer
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My mother passed away recently an i inherited her house. My

Customer Question

my mother passed away recently an i inherited her house. My name has been on the house since 2008. Is there anyway i can minimize the capital gain taxes i will pay once i sell the house. From what i can see putting my name on the house was a huge mistake, not sure why my lawyer would have advised doing that.
Submitted: 10 months ago.
Category: Canada Law
Expert:  Legal Ease replied 10 months ago.

Can I assume that you did not live in the house as your principal residence? Do you have a principal residence?

Customer: replied 10 months ago.
i did not live with my Mother and i do have a principal residence
Customer: replied 10 months ago.
also i am in Ontario
Expert:  Legal Ease replied 10 months ago.

There is no way for you to avoid capital gains tax in most cases unfortunately.

The reason why your name as placed on title was to avoid probate fees. And if this was your mother's only asset then you would not even have to probate the Will which also saves time and money.

But it may be possible to argue that your name was on title for estate planning purposes only and that in fact you were holding title in trust for your mother and that you never actually had a beneficial ownership in the house until she passed away. That has been argued successfully though generally that tends to work when there is a letter in writing explaining what the intention that is prepared when this is done and signed by the parent.

So I suggest that you speak to an experienced accountant about this.

I am sorry for your loss.

Customer: replied 10 months ago.
thanks , one last question, there was a line of credit on the house that had $60000, would that help with the amount of taxes I will pay as it comes off the amount I will receive upon selling
Expert:  Legal Ease replied 10 months ago.

No. That does not affect how much tax you pay unfortunately. It is not about what you receive but about the true market value of the home.