• BKS Conveyancing

What's in a Name? (That's from Shakespeare!)

So, you got married and changed your name. Congratulations!

You've now made a little problem in relation to that property you bought before you got married, but everything will be fine because BKS Conveyancing will fix it for you!

If you own property and have since changed your name for any reason, it needs to be addressed if you sell. Whether it's a marriage, or just your choice to change your name, a change needs to be documented to meet requirements for Verification of Identity.

What's Verification of Identity, I hear you ask? That's a great question! (I'm a touch concerned at the fictional conversation that is happening in my head, though.)

In order to prevent fraud, we need to make sure that you are actually the person who is registered on the title. We don't need someone else selling your property and doing a runner with your proceeds!

Back in the day, you could just sign the contract in your previous name and nobody would be any the wiser, but not anymore. You are required to present your passport and driver's licence (or other authorised ID) to confirm your identity. If those documents are different to the title, you will need to sign a statutory declaration stating that you are the same person, just with a different name. We will need to borrow your original marriage or change of name certificate, though. Don't worry, it will be returned unharmed!

This is also the case if there was an error in your name on the title. Maybe the order of your names was wrong; or possibly names were misspelled; maybe omitted altogether. All of these need correction, even though you are selling.

It's also really important that you have your true and correct legal name on the contract of sale, and sign your usual signature. If your name is different to the title, that's cool (see above - we will fix it), but you should always enter a contract with your current legal name.

This is all to retain the accuracy of the titles register. Which is actually pretty important in relation to your own property. So, you might be slightly inconvenienced, but it's worth it in the end, to ensure your property transfer is correct and some pirate doesn't make off with your cash!

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