Full question:
My husband's ex-wife remarried and legally changed her name to her new husbands. They seperated and she started using my husband's last name again on the legal documents she was signing. The ex-wife is a closing agent for a title company and renewed her notary stamp with my husband's (her ex-husbands)last name. Looking at notary laws and her application she had to use her 'legal name' to fill it out which she did not. She was still married, and had not asked the court to grant her a name change, or changed any of her identification back to our last name. In December we bought her share of a business that she started with my husband where she signed all of the legal documents as her then married name and showed identification proving who she was. Again this did not match our name. I am a real estate broker and some realtors in our office have used her as their closing agent. On the deeds she notarizes the signature of the buyer with our last name, witnesses in her married name, and fills out the area where is says: This document is prepared by: using her maiden name. She recently got divorced and asked the court restore her maiden name, not my husband's name. She is still using her notary stamp in our married name and signing documents using three different names. Is this legal? Can any of these deeds be found Fraudulent? Can a person use different names on documents that require 'legal name use'?
- Category: Name Change
- Date:
- State: National
Answer:
If she has been restored to her maiden name after the divorce, that is now her legal name. However, laws regarding name changes can vary. In Florida, for instance, a notary public must inform the Secretary of State within sixty days of a name change by requesting an amended commission. This includes submitting a notice of change form and a fee (Fla. Stat. § 117.05). Until she receives an amended commission, she may continue using her former name for notarial acts. Using different names on legal documents can raise questions about their validity, especially if they do not match her legal name as required by the relevant laws.This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.