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How to get an Affidavit of Ownership: vehicle or personal property

If you need to prove your ownership of a property, vehicle, or other valuable assets, obtaining an Affidavit of Ownership is a crucial step. All-Canada Notary can help you draft and notarize your affidavit of ownership in-person or remotely.

Affidavit of ownership

What is an Affidavit of Ownership, and why do I need one?

An Affidavit of Ownership is a legal document that establishes an individual’s ownership of assets like real estate, vehicles, or personal property. It is essential for validating ownership during property transfers, settling disputes, and other legal or administrative functions.

Who can apply for the Affidavit?

Anyone who owns an asset and needs to legally affirm their ownership is eligible to apply for an Affidavit of Ownership, regardless of residency status. 

Where can I obtain an Affidavit of Ownership form?

You can download an Affidavit of Ownership form from online legal form providers or seek help from All-Canada Notary, which offers customized affidavit drafting. It’s crucial to use the appropriate form to ensure the document’s validity. All-Canada Notary also provides a special combo deal that includes both drafting and notarization services. For more details, click here.

What information is required in the Affidavit?

An Affidavit of Ownership must contain the following details:

  • Your name and contact information to identify the affiant.
  • A comprehensive description of the asset, including any identifying numbers or legal descriptors.
  • A declaration confirming your ownership of the asset.
  • The date of ownership commencement.
  • Details regarding how the asset was acquired.
  • Signatures of the affiant and a notary public or commissioner for oaths to validate the affidavit.
 

Do I need to notarize the Ownership Affidavit?

Yes, it’s highly recommended to have your Affidavit of Ownership notarized by a notary public or a commissioner for oaths. This ensures the document’s authenticity and will be accepted in legal proceedings.

Where should I submit the Affidavit of Ownership?

The appropriate place to submit your Affidavit of Ownership varies based on its use. For real estate transactions, submit it to the Land Registry Office. For vehicle registrations, submit it to Service Ontario or a similar regional agency.

Are there any time-sensitive requirements for submitting the Affidavit?

Yes! Submission deadlines for the Affidavit of Ownership can depend on its intended use. Always verify specific deadlines with the relevant government agency or seek advice from legal counsel to ensure compliance with all legal timelines and requirements.

Can I obtain a copy of my Ownership Affidavit?

It’s a good practice to keep a copy of your notarized Affidavit of Ownership for your records. You may need it in the future to prove ownership or for other legal purposes.

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Are there any legal consequences for providing false information in the Affidavit?

Providing false information in an Affidavit of Ownership is a serious matter and can lead to legal consequences, including fines and imprisonment. It’s essential to be truthful and accurate when completing this document.

What is an affidavit of a Used Vehicle Ownership

When a vehicle is sold, a bill of sale is typically used to record the transaction and transfer ownership from the seller to the buyer. However, if the original bill of sale is lost or cannot be obtained for some reason, the affidavit of ownership can be used as an alternative means to establish proof of ownership. After you get the affidavit, you can register a used vehicle with Service Ontario within six days of purchase.

Can I notarize an affidavit of ownership online / remotely?

Yes! Affidavit of ownership affidavits can be notarized virtually.

 1. Book Your Appointment: You can conveniently schedule an appointment with us on our website here or by calling at +1 866-240-6060 (toll-free). The beauty of this online service is that it eliminates the need for time-consuming in-person visits, allowing you to choose a time that fits your schedule.

 2. Meet with Your Notary Professional by Video Conference: On the day of your scheduled appointment, you will meet with your notary professional through a secure video conference. This step replicates the in-person notarization experience, as the notary will verify your identity and witness your signing of the ownership affidavit.

 3. Electronically Sign Your Affidavit: Once the notary has confirmed your identity and witnessed your signature, you can electronically sign your ownership affidavit. This digital signature is legally binding and holds the same weight as a traditional pen-and-paper signature.

 4. Download the Notarized Document: With the affidavit notarized, you can then easily download the document which will be emailed to you. The notarized affidavit is legally valid and can be used for various purposes, such as transferring ownership of a vehicle.

What are the benefits of using the Affidavit?

Affidavit of Ownership can offer several benefits:

  1. Ownership Confirmation: It serves as a formal declaration of ownership. If there is any dispute or confusion regarding who owns a particular asset, the affidavit can provide clear evidence of ownership.
  2. Property Transfer: When transferring property or assets between family members, friends, or business partners, an Affidavit of Ownership can simplify the process by providing a clear record of the transfer.
  3. Estate Planning: In estate planning, you can use an Affidavit of Ownership to specify how you want your assets to be distributed after your passing. This can help avoid confusion and disputes among heirs.
  4. Avoiding Probate: Some assets may not need to go through the probate process if there is a valid Affidavit of Ownership in place. This can save time and money for your heirs.
  5. Creditor Protection: In some cases, an Affidavit of Ownership can help protect assets from creditors. However, this depends on the specific circumstances and the laws in Ontario.
  6. Privacy: Unlike a will, which becomes a public document when probated, an Affidavit of Ownership is typically a private document. This means that your asset information can remain confidential.
  7. Streamlined Transactions: When selling or transferring assets, such as a vehicle or real estate, an Affidavit of Ownership can simplify the process by providing a clear and legally recognized statement of ownership.
  8. Legal Clarity: Having a notarized Affidavit of Ownership can help clarify your legal rights to an asset, which can be particularly useful if you ever need to take legal action to protect your ownership.
  9. Business Use: Businesses can use Affidavits of Ownership to establish ownership of intellectual property, equipment, or other assets critical to their operations.
  10. Documentation for Insurance Claims: When filing insurance claims for lost or damaged property, having an Affidavit of Ownership can help prove the value and ownership of the items in question.