Legal Question in Business Law in California

two legal names?

Is it possiable to obtain a new legal name, while retaining my original birth/legal name, for the purpose of holding title to property?

Could the new/second name share my social security number, drivers license number, etc.?

Thank You!


Asked on 3/10/07, 10:02 pm

3 Answers from Attorneys

Robert Preskill Robert Preskill

Re: two legal names?

Yes it is possible. I would have do about an hour's worth of work to explain exactly what you can and cannot do but my understanding is you can keep the same SS number.

Contact me if you would like me to look into this further.

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Answered on 3/11/07, 10:24 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: two legal names?

It is very, very common for people who own real property to change their names through marriage or otherwise.

The identity problem that this might cause is partially addressed by Civil Code section 1096, which says, in effect, that someone whose name has changed since they took record title to real property must, upon thereafter transferring or encumbering the property, set forth the name under which the property was acquired in any subsequent instrument affecting title to that property.

It's thus pretty clear that the law recognizes that the name appearing in the records may not be the owner's current legal name!

Further, I would say it is neither neecessary nor possible to have two legal names at the same time.

Sure, people have different ways of setting down their legal name -- in my case, I could be B. Whipple, or Bryan Whipple, or Bryan R. R. Whipple, or even spell out my two middle names -- but it's still the same name. People also use nicknames and pen names like "Mark Twain" and stage names. None of this is illegal, but still, they would have only one true "legal" name at a time.

Having nicknames and alternate spellings and also-known-as (a/k/a) names isn't unlaful, but neither are those other names considered their "legal" name.

Using a name other than your "legal" name would become illegal or unlawful only if you used it for an improper purpose, such as committing fraud or

evading arrest.

After a name change, identity problems in documents can sometimes be avoided by referring to yourself as "Mary Jones, formerly known as Jane Doe," or using the abbreviation f/k/a before the old name.

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Answered on 3/11/07, 4:48 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: two legal names?

You do not have to change the deeds to the new name once a decree changing your name is entered. For assitance call me directly.

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Answered on 3/12/07, 9:33 pm


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