Adding Your Spouse to the House Title in BC — What to Consider

Adding Your Spouse to the House Title in BC — What to Consider

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Adding Your Spouse to the House Title in BC — What to Consider

Many homeowners in British Columbia choose to add their spouse to the title of their home after getting married. It’s a symbolic gesture of partnership—and in some cases, a practical one for estate planning. But before making the change, it’s important to understand exactly what it means legally and financially.

Adding someone to the title isn’t just paperwork—it transfers ownership rights. Here’s what you should know before taking this step.

1. What It Means to Add a Spouse to the Title

When you add your spouse to your home’s title, you’re making them a legal co-owner. Their name appears on the land title record, and they gain the same rights to the property as you. This means:

  • You can no longer sell, refinance, or change ownership without their consent.
  • They’re entitled to a share of the property’s value if the relationship ends.
  • They may inherit the home automatically if ownership is structured as joint tenancy.

In short, once they’re on title, the home legally belongs to both of you—regardless of who bought it or paid the mortgage.

2. The Two Main Forms of Joint Ownership

  • Joint Tenancy: Each spouse owns an equal share of the home, and if one passes away, the other automatically becomes the sole owner. This is the most common structure for married couples.
  • Tenants-in-Common: Each spouse owns a defined percentage (for example, 70/30). Their share can be left to someone else in their will. This is sometimes used when one partner contributed more financially or for estate planning flexibility.

Choosing the right type of ownership depends on your financial situation and long-term plans. A lawyer or notary can help determine which best fits your needs.

3. Why Some People Add Their Spouse

There are a few common reasons couples decide to add one partner to title after marriage:

  • Estate planning: Ensures the home transfers directly to the surviving spouse without probate delays.
  • Refinancing or new mortgage: Lenders may require both names on title for the new loan.
  • Symbolic and emotional reasons: To reflect shared ownership and partnership.

All of these are valid—but each carries potential legal and tax implications you should review before proceeding.

4. What You Give Up by Adding a Spouse

If you owned your home before marriage, it’s considered excluded property under the Family Law Act. Adding your spouse to title changes that. Once both names are on title, the home is treated as family property—which means it’s generally shared 50/50 if you separate.

This transfer is effectively a gift of half the property’s value. While that’s perfectly acceptable, it’s important to understand that it’s permanent and can’t be undone later without your spouse’s consent.

5. Financial and Tax Implications

Adding a spouse to title doesn’t typically trigger property transfer tax or capital gains if it’s your principal residence and you’re legally married or common-law. However, the Land Title Office may still require documentation confirming your relationship status to apply the exemption.

If the property is an investment or rental, adding your spouse may have tax implications for capital gains and rental income reporting. It’s best to speak with an accountant before completing the transfer.

6. The Process in BC

Title changes are handled through the Land Title and Survey Authority of British Columbia (LTSA). You’ll need:

  • A Form A – Freehold Transfer, prepared by your lawyer or notary.
  • Proper identification for both parties.
  • Consent from any mortgage lender on the property.
  • Payment of any applicable fees or taxes.

Your lawyer or notary will file the change electronically, and the LTSA will issue an updated land title showing both names.

7. When It Might Be Better to Wait

If your home was purchased before marriage or with significant personal funds, consider waiting before adding your spouse to title—especially if you’re still reviewing your long-term financial plan or drafting a marriage agreement.

It’s often wiser to clarify ownership through a marriage or cohabitation agreement first. That way, both parties know exactly what’s being shared and protected.

8. Alternatives to Adding a Spouse

  • Update your will: You can leave the home to your spouse without changing the title now.
  • Use a right of survivorship clause: Available in some ownership structures for estate planning without full title transfer.
  • Marriage agreement: Clearly defines ownership rights without requiring title changes.

These approaches can offer the same peace of mind without altering legal ownership right away.

9. The Emotional and Practical Balance

Adding your spouse to title is often as much an emotional choice as a legal one. It’s a gesture of commitment—but like any financial decision, it deserves calm, informed discussion first. Taking the time to understand the implications helps ensure it’s a decision made with love and clarity.

In Summary

Adding your spouse to the title of your home in BC is a meaningful step, but it comes with real legal and financial effects. It turns excluded property into shared family property, gives both spouses equal rights, and can impact estate and tax planning.

Before making the change, consult with your lawyer, accountant, and realtor. Mansour Real Estate Group can help you understand how this decision fits into your overall real estate and financial goals so you can move forward with confidence.

About Mansour Real Estate Group

The Mansour Real Estate Group, led by Mohamed Mansour, MBA and Associate Broker, is one of the Top 1% real estate teams in the Fraser Valley and a trusted authority in life-stage real estate planning—from first homes and newlywed purchases to family transitions and estate sales. With over 20 years of experience and more than $750 million in transactions, we deliver exceptional results with professionalism and care across Surrey, Langley, Delta, White Rock, and Abbotsford.

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