Real Estate for Family Lawyers – Session 4: Transferring Property Between Ex-Spouses

This is part 4 in a continuing series designed to help family lawyers navigate real estate issues in their practice. The focus here is on the legal, tax, and procedural implications of transferring property between ex-spouses. It explains how land transfer tax exemptions apply when a written agreement, court order, or mortgage assumption forms the basis of the transfer, and how capital gains rules shift depending on whether the default rollover or fair market value election under s.73.1 of the Income Tax Act is used. Attention is given to possession rights under the Family Law Act, common misunderstandings about mortgage liability post-transfer, and lender consent requirements that are often overlooked. The presentation also explores practical strategies for protecting ongoing obligations in separation agreements, such as retaining a nominal ownership stake or registering a collateral mortgage, and provides guidance on when independent legal advice is essential, especially in shared representations. reduce risk and open new revenue opportunities for any family-law practice.