Wrong names on deeds!

BigBadSam

Some 25 odd years ago when we purchased our property the conveyancer suggested we included our (my wife's) children on the deeds. Problem is the names he used for the deeds were my surname (they were both known as my surname at the time) when in fact their real surname was that of my wife before we married.
As we want to sell the property our children are happy to sign but it's caused an issue because it's not their real names on the deeds!

I called the original conveyancer and asked for help but the guy I spoke to was very defensive saying they would have checked real identities etc and until he saw legal statements from the children's solicitors asking to come off the deeds and proof they were the same people he wasn't prepared to help, in fact he didn't even want to discuss the matter!

I called another conveyancer who said I need a solicitor so I called a solicitor and asked for help but he declined after asking me who did the original conveyancing work! (Closed shop I think!)

I know at the time I should have questioned the children's names on the deeds but then the conveyancer obviously didn't check their true identity, if he had we wouldn't be in this situation.... is he liable in any way and where do I go from here? Any help will be much appreciated.

Catti

I would have thought that a simple affidavit or statutory declaration by the children to explain their names would be sufficient.

It seems an odd suggestion to have made in the first place - I assume they were adults and party to any mortgage at that time too???

G_M

Are you doing the conveyancing on the sale yourself?

If yes, contact the Land Registry or wait for the LT Rep here to advise, and ask what documentation they need to progress the sale.

If using a solicitor, instruct him to resolve the problem! (there may be an extra fee).

davidmcn

BigBadSam wrote: »

(they were both known as my surname at the time) when in fact their real surname was that of my wife before we married.

As we want to sell the property our children are happy to sign but it's caused an issue because it's not their real names on the deeds!

the conveyancer obviously didn't check their true identity,

Not sure what you mean by "true identity" or "real surname" when you also suggest that the names in the deeds were what they were actually known as at the time? There's nothing wrong with someone going under more than one name (assuming there's no fraud etc going on) and nothing needing fixed here as far as I can see - they can be described in a deed as "Joe Bloggs (otherwise known as Joseph Smith)" or "previously known as".

xylophone

Mr Bigbad Sam marries Ms Mary Jones who has two children, Tom Jones and Harry Jones.

After marriage, the boys call themselves Tom Sam and Harry Sam.

You say that at the point of purchase, all four of you appear on the deeds - as tenants in common? As joint tenants?

Or if the children were minors, were you and your wife holding their interests as Trustees?

The house is being sold- presumably Tom and Harry can swear an oath that at the time when the house was purchased, they were known by their stepfather's surname?

What are the tax consequences of this sale for Tom and Harry?

I don't understand why a solicitor would be unwilling to act in the sale of the property?

pleasedelete

Will they be liable for capital gains tax?

pleasedelete

Plus have they claimed benefits when they own part of a house? Sounds like a nightmare. You don't own your house - what if they wont sign? Can they afford to sign?

Land_Registry

Taking the issue of the 'wrong' names being on the register only you would, as suggested, need to make an application to update the register and provide supporting evidence re the name change/discrepancy

As this is not a change of name in the sense of on marriage, divorce or deed poll then the evidence required would be a statutory declaration or statement of truth as explained in our online guidance

Depending on what statements are made you may also need to supply copies of documents to support the statements e.g. solicitors letter confirming details

When applying to update the register in such circumstances we would also require forms ID1 for those seeking to change their names and for those lodging the application. The ID requirement can be waived if the application is submitted by a conveyancer as they may be willing to certify as to the identities as an acceptable alternative