Selling and divorce issue

Jennygoodegg

Apologies if this is in any way wrong just hoping someone can offer advice. I am divorced and have reverted to my maiden name without deed poll. All legal docs in maiden name. Now selling and buying a house and the solicitor wants me to sign docs in old married name as he doesn't think I am legally using the correct name without deed poll. I do not want to sign anything in a name that I do not believe I legally have. This is only an issue as the land registry is in my old married name, however my ID is all in maiden name. Could anyone shed some light on this and offer advice on if land registry will accept divorce papers and marriage cert as evidence of name change? Many thanks

xylophone

https://www.gov.uk/changing-passport-information/divorce-or-returning-to-a-previous-surname


https://www.theguardian.com/money/2013/feb/06/changing-your-name-dos-and-donts

Changing your name after divorce
All you need to revert your ID and bank accounts back to your maiden name after you divorce is your decree absolute and your marriage certificate. Alternatively, you can change your name by deed poll and present this document instead.

Or I suppose you could sign in your maiden name "Mary Jane Jones" and write "formerly Mary Jane Brown" next to your signature?

SmashedAvacado

just follow your solicitor's advice - that is what you are paying for

if you want to change your name, then doing it by deed poll is pretty easy

hazyjo

You do not need to change it by deed poll. You can still use your married name if you like. Or you can use your maiden name. Why does your solicitor think you need to use your married name if you're buying in maiden name? With all due respect, your solicitor seems to be talking out of his ar*e.

See similar thread, although they're not yet divorced https://forums.moneysavingexpert.com/discussion/6005156/can-you-change-your-name-by-deedpoll-before-divorce-is-finalised

I bought and sold when divorced, and when half my stuff was still in married name. Showed divorce certificate and said wanted all purchase stuff in maiden name, although all sale stuff was in married name.

G_M

The Land Registry will accept either name provided supported by official documents showing you are one and the same person: birth certificate; marriage certificate; decree absolute.


Not sure about the contract itself, or the requirements of a mortgage lender (if relevanet).


I suspect your solicitor is being ultra-caution as seems to be the rule these days. Unless you are a !!!!!-supported Rusian oligarch all sorts of checks get made..........

Jennygoodegg

Thanks all for replies. I changed my name back to maiden name after divorce and all legal docs are now back in maiden name and didn't need to do deed poll. Solicitor wants me to sign all docs in old married name as they insist a deed poll is needed and have told me I am using the wrong legal name. Understand the caution but if a divorce is good enough for a passport and driving licence to be changed back to maiden name I don't know why it would be an issue with land registry. Wish I would have done it myself with them before now as they only need copy of cert to change. Sigh. Thanks again hope no one else gets stuck with this. Lesson learnt.

bouicca21

Solicitor is, as Hazyjo says, talking out of his !!!!.

davidmcn

Solicitor is talking nonsense - ask them for something to back up their belief that a deed poll is necessary. Do they think one is necessary after you get married? If not, why would you need one to revert to your maiden name after a divorce?