Selling a house with partners maiden name on deed/documents

jj42

My partner and I are in the process of selling a house that we own but don't currently live in.

We purchased the house together before we were married, and my partner's maiden name appears on the title deeds and leasehold (the mortgage is up to date with her married name as we updated the mortgage details with a bulk name change with our bank).

We have already received an offer on the property, and are in the process of instructing a solicitor to act for us.

Will the maiden name on the deeds and leasehold cause any problems for the sale?

I understand that we can get these changed, but having looked at the amount of paperwork and identity confirmation the Land Registry and leasehold company require to do so looks painful and time consuming.

Any advice greatly appreciated

notisis

Shouldn't cause any problems. You'll need to show the marriage certificate to your conveyancer who can take a certified copy and progress the sale in the normal way. It often happens.

Jonesy88

When we sold our property I had this situation - bought it before marriage and selling after. We just photocopied the marriage certificate and sent it as part of the identity documents requested by our solicitor. No problems whatsoever.

pyrobri

Hi,
We have a slightly more convoluted issue here.
My wife owns her house with a maiden name of Hill.
She then married and became a Turner, this marriage ended in a divorce, as part of that divorce her marriage certificate was sent to the solicitors for the decree nisi.
She did not change her name back to Hill.
Since then we have got married, I am a Turner (no relation to the first) and our marriage certificate shows her name going from Turner to Turner.
So now her house deeds are under Hill but the marriage certificate shows Turner to Turner.
We are moving into our new build house this Thursday (24th March 2016) and the buyers solicitors have only just raised this an as issue yesterday (18th March 2016) it's now the weekend and if the house sale does not complete we will find ourselves 50k short on our new build. Any advice/ideas?

davidmcn

pyrobri wrote: »

Hi,
We have a slightly more convoluted issue here.
My wife owns her house with a maiden name of Hill.
She then married and became a Turner, this marriage ended in a divorce, as part of that divorce her marriage certificate was sent to the solicitors for the decree nisi.
She did not change her name back to Hill.
Since then we have got married, I am a Turner (no relation to the first) and our marriage certificate shows her name going from Turner to Turner.
So now her house deeds are under Hill but the marriage certificate shows Turner to Turner.
We are moving into our new build house this Thursday (24th March 2016) and the buyers solicitors have only just raised this an as issue yesterday (18th March 2016) it's now the weekend and if the house sale does not complete we will find ourselves 50k short on our new build. Any advice/ideas?

When you say they've "raised it as an issue", what exactly are they asking for? I would have thought a copy of her first marriage certificate would make it obvious.

xylophone

Presumably your wife has explained the situation to the solicitor acting for the purchaser?

She has a copy of her birth certificate, first marriage certificate, decree absolute and second marriage certificate?

pyrobri

First marriage certificate is not available, it is given up as part of the divorce, that's the bit their solicitor has an issue with, everything else is in place, proof of ID's etc. but they are saying without the proof of change from Hill to Turner or a change to the Deeds they wont proceed.

p00hsticks

pyrobri wrote: »

First marriage certificate is not available, it is given up as part of the divorce, that's the bit their solicitor has an issue with, everything else is in place, proof of ID's etc. but they are saying without the proof of change from Hill to Turner or a change to the Deeds they wont proceed.

Assuming the marriage took place in England or Wales you can order a copy, but even with the priority service you may not get it by 24th (it's posted first class the next working day) - there is phone number you can call to arrange special delivery

https://www.gov.uk/order-copy-birth-death-marriage-certificate#other-ways-to-apply

TonyMMM

You ( or anyone) can get a copy of the first certificate from the registration office in the district where it happened - they will almost certainly have a "while you wait" service (at additional cost). So it would be possible to get one on Monday if necessary.

You just need to visit the office, or get someone to do it for you.

TBagpuss

If she was married abroad and cannot get a duplicate marriage certificate then sh may need to do a statutory declaration setting out the circumstnaces and confirming that she is the same person.

Depending on how long ago she got divorced her solicitors may still have their file and lmay have retained a photocopy of the marriage certificate.