How to Transfer an Alberta Land Title Without a Lawyer
Transferring a land title in Alberta requires you to fill out and submit forms provided by the Government of Alberta. Many people benefit from a lawyer's assistance. Nevertheless, this guide will help you navigate the land title transfer process independently.
Transferring Land Title
Fill out the Alberta Transfer of Land Form. All current registered owners must sign the form to transfer the land title.
Then, mail the signed form to one of the two land title locations:
Edmonton Land Title Office Mailing Address
Box 2380
Edmonton, Alberta T5J 2T3
Calgary Land Title Office Mailing Address
Box 7575
Calgary, Alberta T2P 2R4
You can see the latest land title office mailing addresses on the Government of Alberta website.
Changing Name Instead of Transferring Land Title
You can change the name on a land title instead of transferring it. Some young couples purchase a house together before they marry and update the name on the land title after the wedding.
All you need to change a name is to fill out one of these forms. The form depends on your situation:
When to Use the General Name Change Form
You can use the general name change form if you have a Certificate of Name Change from Alberta Vital Statistics or a similar government entity.
When to Use the Marital Name Change Form
An Alberta wedding certificate lets you change your name without getting a Certificate of Name Change if you want to adopt your partner's surname. You will need to attach a the original wedding certificate with your name change form. The wedding certificate is returned after the name change is processed.
Likewise, if you get divorced, you can use your divorce certificate to change your surname on land title. Divorcees also need to attach an original birth certificate to verify their original surname. The birth certificate is returned after the name change is processed.
When to use an Adult Interdependent Partnership Name Change
The adult interdependent partnership name change form is rare and mostly used by common-law couples changing their name. If you do not have a Certificate of Name Change nor a marriage certificate, you should contact a land lawyer to assist you with the name change.
Removing a Deceased Owner
An owner's name must be removed from the land title after they pass away. You should consider contacting an estates lawyer or a land lawyer if dealing with the death of a loved one. Here are the general steps the lawyer will guide you through, depending on the type of ownership held:
- Joint Tenancy: If the deceased owner held the property in a joint tenancy with another person, you will need to complete a Statutory Declaration regarding Proof of Death. This form must be accompanied by the original or a notarized copy of the appropriate certificate, such as the Vital Statistics Registry certificate, medical examiner's certificate, funeral director's certificate, cremation certificate, or a document issued by a comparable authority if the death occurred outside of Alberta. Only the original death certificate will be returned to you, and all other original certificates will be retained by the Land Titles office.
- Tenant-in-Common or Sole Ownership: If the deceased owner held the property as a tenant-in-common or sole owner, you will need to complete an application for transmission to the personal representative. Along with this form, you must include an original filed copy of the Grant of Probate or Letters of Administration from the Surrogate Court of Alberta. Please note that a notarized copy is unacceptable. If the grant was issued from a court in a jurisdiction other than Alberta, it must be re-sealed by the Surrogate Court of Alberta.
Topics to Consider Before Transferring
Property Registration Fees
Alberta does not charge land transfer taxes but they do charge "property registration fees." The value fee is calculated as $50 plus $1 for every $5000 value of your house. An additional mortgage fee is calculated as $50 plus $1 for every $5000 value of your mortgage. For example, a house worth $500,000 without a mortgage would incur a fee of $150.
Furthermore, the Canadian Revenue Agency will charge taxes depending on the nature of the land title transfer.
If the house is sold, the seller is subject to capital gains tax if the house was not the seller's primary residence. Capital gains tax is calculated based on the difference between the sale price and the adjusted cost base. The seller will need to report any capital gains on their tax return and pay tax on the realized gain.
On the other hand, if the house is transferred as a gift, the person receiving the gift generally does not have to pay tax on the transfer. However, the person giving the gift may need to consider potential gift tax implications. In Canada, there is generally no gift tax, but transferring the property could trigger a capital gains tax.
Legally Binding Land Sale: Contract of Purchase and Sale
You will need a Contract of Purchase and Sale if you are selling your house. The real estate sale contract outlines the terms and conditions agreed upon by the buyer and seller, including the purchase amount, closing date, and other relevant details.
LegalDeeds.com is a reputable online platform that offers a range of legal documents since 1999, including contracts of purchase and sale. By visiting LegalDeeds.com, you can access a reliable and customizable contract template specifically designed for real estate transactions in Alberta. LegalDeeds contracts have been used across Canada including major Alberta cities like Calgary, Edmonton, and Fort McMurray.
LegalDeeds' easy website ensures legal documents are legally binding and offers a 30-day money-back satisfaction guarantee. Simply provide the necessary information on LegalDeeds.com and the website will customize the template to meet your specific requirements. You can preview your legal document for free and only pay if you want to remove a watermark.
When to Contact a Lawyer
Mortgages
Transferring land titles is difficult if you have a mortgage on the property. A lawyer can help you coordinate paying the mortgage with money received from the sale of a house.
Liens
Liens can be placed on your house for unpaid bills and can prevent selling your property until the lien is paid. You will need a lawyer to help you clear a lien on your property.
Help Filling Out Forms
Alberta land title offices do not help you fill out the land transfer forms. The form itself says:
Due to the complex nature and legal requirements of a land transfer, Land Titles staff cannot assist you with the completion of the forms. This guide only outlines the most basic situations. If you are unsure of how to correctly complete the forms, please seek the assistance of a legal professional.
Summary
Obtaining a legally binding contract of purchase and sale is crucial when selling a house, and platforms like LegalDeeds.com offer customizable templates for real estate transactions. With easy online forms, you can transfer your land title on your own. Nevertheless, you should contact a lawyer if you have a mortgage on your home or are otherwise dealing with a complicated situation.