Real Estate

Land transfer tax refund

  • Last Updated:
  • May 13th, 2021 3:07 am
[OP]
Newbie
Jun 9, 2020
16 posts
2 upvotes

Land transfer tax refund

Hello everyone,

I have question regarding Land transfer tax refund for first-time homebuyer.
My spouse has property under her name ( just her name on title and mortgage) This property was brought after we got married
Now I am buying new property next to my workplace, ( I work 150 kms from my current residence) I will stay at new place on my workdays.
I think ain't eligible for refund, my lawyer also said same thing.
My cousin asked his lawyer, he said you are eligible for refund.
I am confused, should I check with another lawyer?
Thanks
6 replies
Deal Addict
Nov 13, 2013
2893 posts
1604 upvotes
Ottawa
No. Your spouse owning a property while you are married negates your eligibility. Even if bought previously or she owned something in another country that she never used. I think if you separate you would be eligible but this doesn't sound like that situation.
Deal Addict
Aug 31, 2010
4870 posts
2895 upvotes
You're not eligible.

Your wife buying a property, even in her name only, while you were married makes you inelligible. If she brought the home into the marriage, you'd be eligible for your share of the LTT back, which is maybe where the miscommunication happened with your cousin's lawyer.
[OP]
Newbie
Jun 9, 2020
16 posts
2 upvotes
Thanks for the replies. I was also thinking the same, but he was like new house will be ur primary residence and its far from ur present residence.
Deal Addict
Aug 31, 2010
4870 posts
2895 upvotes
MrLost wrote: Thanks for the replies. I was also thinking the same, but he was like new house will be ur primary residence and its far from ur present residence.
Yeah, those reasons don't matter.

The criteria is all explained on the website, including the fact that a spouse buying a property in their name only, while married, disqualifies the other spouse from future claims. Otherwise, you could each buy a house in your name only and qualify for the rebate.
Jr. Member
May 10, 2009
198 posts
16 upvotes
Bumping for own situation: I purchased a pre-con with occupancy on May 31st, 2018. I moved in the first week and my girlfriend moved in the last week of June. She has not purchased any real estate before and I'm the only one on the title and mortgage.

3 years have gone by and we purchased a house that is closing next month on June 9th with the original condo sale occurring the following week. Based on the definition of common law spouse, since we're just under the 3 year mark of co-habiting does that mean we're technically not spouses yet and thus my girlfriend qualities for the LTT rebate?

My lawyer is basically suggesting against claiming it given how close it is to the 3 year mark + it's heavily audited for fraud. He's asking us to apply for it on our own after the title transfer / closing. My girlfriend has a rental receipt for June 2018 as proof she was renting elsewhere.

Thank you!
Sr. Member
Mar 30, 2017
959 posts
665 upvotes
hvc wrote: Yeah, those reasons don't matter.

The criteria is all explained on the website, including the fact that a spouse buying a property in their name only, while married, disqualifies the other spouse from future claims. Otherwise, you could each buy a house in your name only and qualify for the rebate.
divorce and buy and marry again to save tens of thousands!
just make sure your ex wont run away with the money lol
profit on 6/23/2021 = 117.61% since 11/10/2020 to be exact😎

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