You have legally changed your name and you have a shiny new driver’s licence to prove it. But wait, you own property, and it is in your former name.  What should you do? 

We can assist with updating your name on the title of your property. We would prepare a Land Title Office document called a Form 17 Fee Simple to perform the name change registration with the Land Title Office. We would meet with you in person to verify your ID and collect from you your original Vital Statistics Certificate proving your name change (ex. marriage certificate, divorce certificate, etc.). Where there are multiple names, we would need to collect official documents to tie the various names together to establish for the Land Title Office that it is the same person.  We would then attach a scan of the original document to the Form 17 Fee Simple document and file the registration with the Land Title Office.

Often, we see clients surprised that they need to update their name on title. For example, we have seen clients organize a refinance of their property and are not aware that the change of their name might need to be addressed. They visit their mortgage broker or bank and provide their new ID with their updated name and then this name is then instructed to the lawyer’s office on the mortgage instructions. When the title of the property is obtained from the Land Title Office by the lawyer and we see the name on title does not match the name on the mortgage instructions we must correct this. The name on the mortgage instructions and mortgage must always match title of the property.

We also see at the time of sale of a property that the clients name on their ID no longer matches the name on title. Because the client is selling we may not need to go into the same process as above and we can usually rely on a Statutory Declaration sworn by the client stating they are one in the same name (with a copy of the supporting documents such as a marriage certificate or divorce certificate). The name would not need to be changed on the title before completion due to the fact that the property is being transferred to a new owner.

If you are not sure if you should update the title of your property or not, please reach out to our office for more information.

This information is general in nature only. You should consult a lawyer before acting on any of this information. This information should not be considered as legal advice. To learn more about your legal needs, please contact our office at (250)448-2637 or any of our lawyers practicing in the area of real estate at the following:

Jane Otterstrom: jane@touchstone.law

Una Kuzio: una@touchstone.law