How to remove someone’s name from a property deed

Whether it’s due to death, divorce or a change in personal circumstances, it may become necessary for a name to be removed from a property deed. This is done using a deed of conveyance – either a quitclaim deed or a warranty deed.

Deciding which deed is better suited to your situation requires an understanding of the type of property and the people being affected by the change in the deed. By the end of this guide, you’ll know when to use a quitclaim and warranty deed, how to remove a name from a deed and what the risks are.

Note that real estate law in Canada is primarily determined by provincial and territorial governments, not the federal government. This means policies for taking someone’s name off a deed will vary depending on where you live in Canada. It’s always a good idea to seek legal counsel and have an attorney review the paperwork before you submit it.

What’s a quitclaim deed?

A quitclaim deed is used to sign over the property title to another person. When someone signs a quitclaim deed, it means that they’re effectively giving up their claim or rights to the property. There is no exchange of money or warranties, so it offers the lowest level of buyer protection.
Because they are high risk, quitclaim deeds are usually used between trusted people, for example, a family member or spouse. Keep in mind that a quitclaim deed has no effect on the mortgage obligation. Even if you remove a person from the deed, all parties on the mortgage are still responsible for payments.

Transferring property ownership after a divorce

Divvying up assets in the wake of a separation can get complicated – especially where real estate is concerned. When a married couple divorces, they have 2 options with their home: one partner can buy out the other partner’s interest in the property, or both can agree to sell the home to pay off their mortgage so they can start fresh on their own.

If one partner wants to buy the other partner out, that individual will have to discharge the existing mortgage by refinancing and getting a new one. The partner who is leaving will be given their share of the home’s value, and the remaining partner will fully own the home and be responsible for making all the mortgage payments moving forward.
Keep in mind that to qualify for refinancing, the remaining partner will have to prove that they can afford to make the mortgage payments. This could be a challenge if both partners’ incomes were required to qualify for the original mortgage.
That’s why it’s important to take a serious look at your finances if you want to keep your home after a divorce. You need to be sure that you can handle the financial obligations of being a sole homeowner.
Tip: Bring a copy of your divorce papers or separation agreement with you when you go to close the loan on the home. The lender may require this information to change the mortgage agreement.
If a common law couple separates, each will continue to own whatever real estate they had before they started living together. In other words, both will walk out of the relationship with whatever they brought into the relationship. However, if they jointly own a home, they’ll have to sell it or one can buy out the other.

Who is most likely to be researching property deeds?

Finder data suggests that men aged 35-44 are most likely to be researching this topic.

How can I remove a name from a title deed?

A deed of conveyance – such as a quitclaim or warranty deed – is the most common way to remove a name from the property deed. A deed of conveyance is usually completed by the buyer as well as the seller who is being removed from the title and deed.

Forms of property ownership

Before you transfer ownership of any type of property, it’s important that you know the kind of ownership that’s being discussed. Some are better handled with specific deeds of conveyance.

Property ownership comes in different forms including:

• Sole ownership: A single person owns the property.
• Joint tenancy: Two or more people
• Rights of survivorship: Multiple people own the property and inherit equal shares after another owner’s death.
• Tenants in common: Multiple people own the property and do not inherit any shares after another owner’s death.
• Tenancy by entirety: Two people own a property, one of whom inherits the entire property after the other’s death.

How to change property title name

1. Discuss property ownership interests.

Speak with any co-owners to reach an agreement about which names will be removed from the title and why. If removing your name, agree on your share of the property, who it will be transferred to and how the ownership structure is formed.

When transferring property ownership, you’ll use one of two deeds of conveyance:

• A quitclaim deed: This document states that you have the right to transfer a property with no legal assurance that anybody else claims to own it.
• A warranty deed: This document states that you have the right to transfer a property with an explicit assurance nobody else claims to own it.

Quitclaim deeds are easy to file and work for most changes of ownership. A warranty deed, however, can be more appropriate in situations when there are multiple owners. A warranty deed can also prevent future challenges to ownership, because it clearly indicates the transferring party’s right to change the ownership.

2. Access a copy of your title deed.

You’ll need to get a copy of the title deed to verify that it currently includes the name you’d like to remove. You can get a copy of the title deed from your local land title office. Sometimes deeds are available for order online too.

If you’re getting a copy from your local land title office, search for your deed in their database or ask for assistance.

3. Complete, review and sign the quitclaim or warranty form.

You can get a quitclaim form online, from an office supply store or from your county or city clerk’s office. If you’re looking to remove your name, you must fill out the quitclaim form, using the same name found on the title deed. Warranty deeds can also be found online, but they are more often acquired from the county clerk’s office.

Both quitclaim and warranty deeds are valid only when they’re executed correctly. In most counties, the deed must accurately include all parties to the deed as well as the signature of the person conveying or granting the deed.

Quitclaim and warranty deeds must clearly specify:

Sign the deed only if correct and as advised by your attorney, if you have one. Sign in front of a certified notary witness who can acknowledge each signature.

How do I remove the name of a deceased person from a deed?

When 1 or more of the people on your property deed have passed away, you’ll need to transfer the property to its living owners. Whether a will is involved or not, if you’re a surviving owner, you’re typically required to submit 3 documents to your province’s land registry office, including:

• Death certificate. You’ll need to obtain a copy of the death certificate to prove the person you’re looking to remove is actually deceased.
• Notarized affidavit. This is a voluntary, sworn statement used by courts to confirm the death and your new ownership. It includes basic contact and information you’ll finalize in front of a notary public.
• The new deed. You and any new owners will need to sign and notarize the new property deed and provide it with your other paperwork.

Contact your local courthouse or county clerk to learn more about the specific requirements of your province/territory and any laws of inheritance.

4. Submit the quitclaim or warranty form.

Submit your form at the land registry office where you got the original property deed. Some provinces/territories may require additional paperwork, like tax documents. Check with your local office to make sure you have everything you need.

How to add your name to a property when all the owners have died

If a will or a court’s decision grants you ownership of real estate, you’ll need to modify the property deed to reflect that you’re the new owner.

First, you’ll need to look at the original deed of the property and confirm it wasn’t jointly owned at the time of the owners’ deaths. If it wasn’t, then you’ll need to write up a new deed to replace the current one.

An executor is a person who receives the estate of a deceased individual. Their responsibility is to administer and distribute the estate as per the will or the law. If you’re using an executor’s deed, you’ll need to include the following:

If you’re using an executor’s deed, you’ll need to include:

• Confirmation the will has gone through probate
• Info that shows the executor is authorized to deed you the property
• Names of the previous owners

If you’re using an administrator’s deed, you’ll need to draw up the deed in accordance with provincial or territorial law for those who die without a will.

Finally, you’ll need to sign the deed in front of a notary public. You’ll also need to have the executor of the will or the court administrator who issued you the deed sign it in front of a notary. You may need to include a copy of the will as part of the deeding process as well.

5. Request a certified copy of your quitclaim or warranty deed.

It’s important to keep a copy of significant files, such as deeds, for your records. You may need to pay a small fee, but keeping it on file can be useful in case of a future property ownership dispute or amendment.

Related: Compare mortgage lenders in Canada

Bottom line

Once you fully understand the details of the property in question, it’s a pretty simple process to remove someone’s name from a property deed. If you have any questions or are experiencing trouble during the process, it can hire a lawyer to assist you.

Frequently asked questions

• How do I remove a name from a property title in Ontario?

  The steps to remove a name from a property title in Ontario are as follows:

  • Determine the property ownership interests and what type of deed of conveyance you’ll use, either a quitclaim deed or warranty deed.
  • Obtain a copy of the original title deed.
  • Complete, review and sign the deed form.
  • Submit the quitclaim or warranty deed form.
  • Request a copy of the documentation for your records.

• Does removing someone's name from the deed eliminate their mortgage obligation?

  Removing someone’s name from the property deed does not remove their responsibility to pay the mortgage on the property. This is because a loan and a deed are two completely different legal agreements. Every homeowner is still responsible for the debt they owe their mortgage lenders regardless of whether their name has been removed from the deed. You’ll need to consult your mortgage provider to change a name on the mortgage itself.

  The person whose name is being removed will want to ensure they are no longer financially responsible for making mortgage payments. To do so, the remaining owner(s) will have to refinance the mortgage to pay off the existing loan and enter into a new loan agreement that excludes the former owner.

  If the remaining owner fails to get approval for a new mortgage agreement, then the property may have to be sold to pay off the existing mortgage and discharge all owners’ debts.

• What about an involuntary deed removal?

  It can be complicated to remove a person’s name from a property deed when they don’t want it to be removed. You may need to go through a partition action, which is a lawsuit that forces co-owners to give up their ownership interests. Partition actions can be costly, time-intensive and emotionally charged, so it’s best to use a mediator first.

• Will I have to pay an excise tax?

  Possibly. Excise taxes are taxes paid when purchases are made on a specific purchase. Speak with a tax expert to determine whether you’re liable to pay excise taxes when the deed is presented for recording.

• What's the difference between a quitclaim deed and a warranty deed?

  A quitclaim deed has no warranties or title and only operates to turn property from a seller to a buyer. So if the seller owns a home, he can give a quitclaim deed to the buyer, and the seller’s entire interest has been transferred.

  A warranty deed says there are no outstanding claims on the property. It includes a statement that the grantor owns the property free and clear of all liens. This deed most often represents a transfer of property, tells the world that the grantor is the rightful owner and can transfer that ownership when it is sold or exchanged.

• Where can I find the legal description of a property?

  You can access a legal property description from your local land title office typically with your municipal address or tax Parcel Identification Number (PIN).

• How much does it cost to remove a person's name from a property deed?

  Costs will vary based on your lawyer’s fees and where you live, but you may pay upwards of $350 to $500 to remove a person’s name from a property deed. Some lawyers offer one-hour free consultations, which could help you cut down on costs. Make sure you have all of the appropriate paperwork with you when you go to meet with your lawyer so that you make the most of your time spent with them.