The Quitclaim Deed to Add Spouse is commonly used in Canadian jurisdictions when a property owner wishes to add their spouse to the property title, typically after marriage or during estate planning. This type of deed transfers the grantor's interest without any warranties of title, creating joint ownership between spouses. The document is particularly relevant in situations involving matrimonial homes, estate planning, or fulfilling matrimonial property obligations. It must comply with provincial land registration requirements, family law legislation, and may have tax implications under the Income Tax Act. The deed requires proper execution before authorized officials and must be registered with the appropriate land registry office. Usage varies by province, with some jurisdictions having specific forms or requirements for spousal property transfers.
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1. Parties: Identifies the current property owner (Grantor) and the spouse being added to the title (Grantee), including their full legal names and marital status
2. Property Description: Detailed legal description of the property being transferred, including street address, lot number, plan number, and any other identifying details as recorded in land registry
3. Consideration: States the consideration for the transfer, typically nominal in spouse transfers (e.g., $1.00 and natural love and affection)
4. Words of Conveyance: Express language releasing and quitclaiming interest in the property to create joint ownership with spouse
5. Type of Ownership: Specifies the type of joint ownership being created (typically joint tenancy with right of survivorship)
6. Execution: Space for signatures of grantor, grantee, witnesses, and notary public
7. Attestation: Notarial or commissioner certification section for validating signatures
1. Spousal Consent: Required in provinces with dower rights if the property is a matrimonial home
2. Homestead Declaration: Required in jurisdictions with homestead laws to confirm primary residence status
3. Tax Declaration: Statement regarding land transfer tax exemption for spousal transfers where applicable
4. Prior Encumbrances: List of existing mortgages, liens, or other encumbrances that will continue after the transfer
5. Family Law Act Statement: Required in some provinces to confirm compliance with family law requirements
1. Schedule A: Detailed legal description of the property if too lengthy to include in main document
2. Schedule B: List of permitted encumbrances that will continue after transfer
3. Property Tax Certificate: Current tax certificate showing any outstanding property taxes
4. Marriage Certificate: Copy of marriage certificate confirming spousal relationship
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