An Affidavit For Change Of Ownership Of Property is a essential legal document used in Canadian property transactions to formally declare and verify the transfer of property ownership. This document is required when there needs to be an official record of property ownership change, whether due to sale, inheritance, court order, or other circumstances. It must be sworn under oath, making it a serious legal declaration with potential penalties for false statements. The affidavit includes crucial details such as property description, current ownership status, basis for transfer, and any encumbrances or obligations. It's particularly important in situations involving estate settlements, family law matters, or complex property transfers. The document must comply with both federal and provincial legislation, including specific requirements of the provincial land registry system where the property is located.
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1. Introduction and Identification: Formal introduction stating the deponent's full legal name, occupation, and address
2. Property Details: Complete legal description of the property including municipal address, legal description, and property identification number
3. Current Ownership Declaration: Declaration of current legal ownership status and rights to the property
4. Basis for Transfer: Detailed explanation of the reason for the change in ownership (sale, inheritance, court order, etc.)
5. Consideration Details: Declaration of the amount paid or value of consideration for the transfer, if applicable
6. Title Search Results: Confirmation of title search results and current registered interests on the property
7. Outstanding Obligations: Declaration regarding any liens, mortgages, or other encumbrances on the property
8. Verification of Identity: Confirmation of identity verification process and documents presented
9. Oath and Signature: Formal oath stating all information is true and correct, with space for signature and commissioner's details
1. Spousal Consent: Required when the property is or was a matrimonial home and spouse's consent is needed for transfer
2. Estate Details: Required when the transfer is due to death of previous owner, including details of will or intestacy
3. Power of Attorney: Required when the transfer is being executed by someone acting under a power of attorney
4. Court Order Details: Required when the transfer is pursuant to a court order (divorce, bankruptcy, etc.)
5. Foreign Ownership Declaration: Required when the transfer involves non-resident buyers or sellers
6. Multiple Owner Details: Required when there are multiple owners and specific ownership shares need to be declared
1. Schedule A - Property Description: Detailed legal description of the property including survey details and property boundaries
2. Schedule B - Identity Documents: Copies of government-issued identification used for identity verification
3. Schedule C - Supporting Documents: Relevant supporting documents such as purchase agreement, court orders, or death certificates
4. Schedule D - Title Search Results: Complete title search results showing current registered interests
5. Schedule E - Tax Certificates: Property tax certificates or statements showing current tax status
6. Appendix 1 - Property Photos: Recent photographs of the property for identification purposes
7. Appendix 2 - Transfer Authorization: Any required authorization documents from mortgage holders or other interested parties
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