Can You Add Your Spouse to Title in Ontario?
Adding a spouse to title can be straightforward, but mortgage consent, land transfer tax and estate-planning consequences should be reviewed first.
What is a title requisition?
In an Ontario purchase, the buyer’s lawyer searches title and reviews the registered instruments affecting the property. If an issue requires the seller to correct, explain or deal with something before closing, the buyer’s lawyer may raise it in a requisition letter.
Requisitions are not simply a lawyer’s wish list. The agreement of purchase and sale, title law and the nature of the issue determine what can properly be required and when it must be raised.
Why does the requisition date matter?
Most standard residential agreements contain a specific title-search or requisition deadline. The Law Society of Ontario’s practice-review guidance says the title-search results should be reviewed with the client before the requisition date so title-related concerns can be addressed in the requisition letter.
The Law Society also cautions lawyers who receive the APS late that the contractual deadline may limit the ability to make requisitions and may justify discussing an extension of the requisition date.
What is the buyer’s lawyer actually reviewing?
Law Society guidance describes a comprehensive title review as including confirmation of ownership, the parcel register, registered instruments affecting title, registered plans, access and, where necessary, adjoining lands.
Typical issues can include:
- existing mortgages or charges;
- construction or other liens;
- easements and rights of way;
- restrictive covenants;
- subdivision agreements;
- legal-description discrepancies;
- access issues;
- Planning Act concerns;
- unexpected ownership or survivorship issues;
- registrations that should be discharged on closing.
For Realtors
If you know about an unusual easement, shared driveway, private road, recent addition, open permit, rental arrangement, estate sale, power of sale or title issue, tell the client’s lawyer early. The fact may be harmless, but late disclosure is what often turns a manageable issue into a closing-day problem.
Are all requisitions title defects?
No. A requisition letter can contain different kinds of requests. Some relate directly to title. Others concern conveyancing steps, closing documents or information needed to complete the transaction. The exact rights depend on the agreement and the legal character of the issue.
Can a seller’s lawyer simply answer “satisfy yourself”?
Sometimes a response of that nature may be appropriate where the request is outside the seller’s contractual obligations or concerns information the buyer must independently investigate. In other cases, the seller may be required to remove an encumbrance, provide a registrable discharge, correct a title problem or deliver a required closing document.
There is no universal answer. The wording of the APS and the particular requisition matter.
How can Realtors reduce requisition problems?
- Get the agreement to the lawyer promptly. Waiting until after the requisition deadline can materially reduce options.
- Flag unusual facts. Easements, additions, tenancies, wells/septic systems, private roads, estate ownership and powers of sale deserve early attention.
- Avoid promising a legal result. Let the lawyer determine whether an issue is a valid requisition or a buyer due-diligence matter.
- Coordinate extensions early. If more time is genuinely needed for title or financing, an amendment is easier before the deadline expires.
- Keep expectations realistic. Not every registration on title is a defect. Easements and subdivision agreements are common and may legitimately remain on title.
Why this matters to the transaction team
A title issue can affect lender approval, title insurance, closing documents and timing. Realtors do not need to become conveyancers, but understanding the requisition process helps them recognize when a matter should be escalated early instead of being discovered two days before closing.
