Can You Prove You Own Your Home?
Whether you want to get a mortgage, resolve a legal problem, or get home insurance, having proof of homeownership is essential. Can you prove you own your home?
In this guide, we look at what you need to know about proving homeownership, including what documents serve as proof, why it's important, and what steps to take if you're missing key paperwork.
Why Do You Need to Prove Homeownership?
First, it’s important to understand why proof of ownership matters. The need to verify that you own your home may come up in several situations, including:
Getting home insurance: When purchasing home insurance, your insurer will typically ask for proof of ownership to ensure that you have the legal right to insure the property.
Selling your home: If you decide to sell your home, potential buyers and their lawyers will want to see documentation that proves you own your home before moving forward with the sale.
Applying for a mortgage or refinancing: If you're looking to secure a new mortgage or refinance an existing one, your lender will require documentation proving that you are the rightful owner of the property.
Settling estate matters: If home ownership comes into question in the event of an inheritance, dispute, or divorce, having the proper documentation is essential.
Dealing with legal issues: Sometimes disputes over property boundaries or ownership arise, and having proof of ownership can help resolve these issues quickly. In all of these cases, having the right paperwork can save you time, money, and stress.
What documents serve as proof of ownership?
There are several types of documents that can serve as proof of homeownership, each with its own specific purpose. Let’s take a look at the most common ones:
Title deed
The most straightforward way to prove that you own a house is by providing a copy of the title deed. A title deed is a legal document that establishes who owns a piece of property. It includes key information such as the property’s location, boundaries, and a description of the home.
In Canada, when you buy a home, your name is added to the title and registered with your province or territory’s land registry office. This ensures that your ownership of the property is legally recognized.
Property tax statements
While property tax statements aren’t legal proof of home ownership on their own, they are often used in conjunction with other documents to support ownership claims. A property tax statement shows that you’ve been paying taxes on the home, which can serve as evidence that you are the owner.
These statements are especially useful if your title deed is unavailable or if additional confirmation is needed to verify your ownership.
Purchase agreement or bill of sale
The purchase agreement or bill of sale is another useful document that shows the transfer of ownership from the previous owner to you. While this document alone may not serve as definitive proof of ownership (since ownership isn’t official until the title is registered), it’s a key part of the process. The purchase agreement includes details like the sales price, terms, and the identities of both the buyer and seller.
This document is especially important when you’re in the process of buying a home but haven’t yet registered the title under your name.
Mortgage statements or discharge of mortgage
If you currently have a mortgage on your home, your mortgage lender will issue regular statements that reflect your payments and the outstanding loan balance. While a mortgage statement doesn’t prove ownership on its own, it shows that you’re financially responsible for the property. Additionally, a discharge of mortgage (issued when you’ve fully paid off the loan) confirms that you’ve met all financial obligations and now own your home outright.
Land registry or property registry
Many provinces and territories in Canada maintain a land or property registry, which tracks all land transactions, including home ownership. A certified copy of the land title or property title from this registry is often the most official proof of home ownership available. In some regions, these records are updated automatically whenever a property changes hands, providing a transparent history of ownership.
Homeowners’ insurance documents
While home insurance policies don't technically prove ownership, they do indicate that you have a vested interest in the property. Insurance companies generally require proof of ownership before issuing a policy, so having an active home insurance policy can be useful to show that you’ve been insuring the property as its owner.
Steps to take if you can’t find your proof of home ownership
If you find yourself in a situation where you cannot locate any of the above documents, don’t panic. There are several steps you can take to track down the necessary paperwork:
Contact your lawyer or notary
In many cases, your real estate lawyer or notary will have copies of the title deed and purchase agreement. They are typically responsible for handling the legal aspects of the transaction and ensuring that the necessary documents are filed properly.
Visit your local land registry office
As mentioned earlier, most provinces and territories in Canada have a land or property registry office. By visiting this office (or accessing their website if available), you can request a certified copy of your property’s title. This is often the most reliable and official way to obtain proof of ownership.
Reach out to your lender
If you’ve financed your home through a mortgage, your lender may have records that confirm your ownership. While these records won’t replace the title deed, they can provide important information to support your claim of ownership while you work on obtaining official documentation.
Review your property tax statements
Your municipality or city will have records of property tax payments, which can be useful in proving you’ve been acting as the owner. Although property tax statements are not considered legal proof of ownership on their own, they can serve as supporting documentation.
Why it’s important to keep your documents safe
Proof of homeownership is important not only when you’re buying or selling a home but throughout your time as a homeowner. Misplacing or losing key documents can create unnecessary complications down the road, so it’s a good idea to keep all relevant paperwork in a safe place.
Consider storing these documents in a fireproof safe at home or in a secure digital storage system. Keeping digital copies backed up in the cloud can also ensure that you can access them in case of an emergency.
Final thoughts
Proving that you own a house may not be something you think about every day, but it’s important when key moments arise, whether you are securing insurance, selling your property, or dealing with legal matters.
Having the right documents, such as your title deed, property tax statements, and mortgage records, will ensure that you are always prepared to show your rightful ownership of your home.
