Knowledge centre
Not safely as a general rule. Ontario does not automatically exempt a family transfer or a “$1 transfer.” If the child assumes any mortgage or other liability, land transfer tax can apply to that consideration, and the existing lender may also need to approve the ownership change.
It depends on who owns and sells it. CRA says a sale by the estate after death is generally reported on the estate’s T3 return; a later sale by a beneficiary is reported on that beneficiary’s T1 return.
No. Mortgage balance does not determine income tax. CRA generally treats capital property as disposed of at fair market value immediately before death, although a principal-residence exemption or qualifying spouse rollover may reduce or defer the gain.
Usually not until authority, ownership and the lender’s requirements are clear. A will names an executor, but an estate certificate may still be needed to prove authority to deal with land or obtain financing.
The tax is based on the value of the estate for which an estate certificate is requested. Ontario allows an encumbrance such as a mortgage or lien to be deducted from Ontario real-property value, but ordinary unsecured debts are not simply netted against all estate assets.
No. Ownership registration and the promise to repay are separate. A title transfer does not automatically release a borrower from the mortgage; the lender must approve a covenant release, replacement financing or discharge.
Not automatically. Moving out does not by itself change registered title, release a borrower from the mortgage or settle the married spouses’ matrimonial-home rights. Written agreements, lender approval and registered documents may all be needed.
Generally, no—not simply because only one spouse is on title. Ontario’s Family Law Act restricts a spouse from disposing of or encumbering an interest in a matrimonial home unless the other spouse joins, consents, has released the rights, or a court order authorizes it.
No. CRA’s rollover rules may defer a capital gain on certain transfers to a spouse or common-law partner, but they do not approve the mortgage, release a borrower or settle Ontario land transfer tax.
No. Ontario provides specific exemptions for qualifying transfers between spouses or former spouses, but marriage by itself does not make every transfer tax-free. The consideration and the legal reason for the transfer still matter.