BIC TIP #1169: What Name Do I Use?

Here is a question Stephen Long hears all the time: “I am selling a property for a client, but they were not married when they bought it, and now their name is different. Which name do I use?” The answer is straightforward. Always use the client’s current legal name. Then do a little extra homework to connect the dots and make sure you have the right person.

Current Legal Name, Every Time

Your paperwork should reflect the client’s current, legal, enforceable name. Not the name they used ten years ago, not a nickname, and not whatever happens to be printed on the old deed. The agreement you are signing needs to bind the person sitting in front of you as they exist today.

When the Deed Says Something Different

If the name on the deed does not match your client’s current legal name, that difference needs to be identified somewhere in the process. Let your seller know early that they will probably need to provide documentation, such as a marriage certificate or a similar record, so they can show the real estate attorney who they are and how the name changed.

It is also helpful for you to gather that additional documentation yourself. Raising the issue at the listing appointment is a lot better than having the attorney’s office discover it the week of closing.

Watch Out for the Name Change Scam

There is a fraud angle here too. Seller impersonation scams are real, and a story about a name change after a marriage or divorce is exactly the kind of explanation a scammer might use to cover why their ID does not match the deed.

Be diligent. Verify identity, ask for supporting documents, and do not let a convincing story stand in for proof. If anything feels off, slow down and bring in your broker-in-charge and the closing attorney.

And Do Not Forget the Spouse

If your seller is married now, remember that their spouse will need to sign at closing as well, even if the property was purchased before the marriage. Stephen’s rule of thumb in North Carolina is one to buy, two to sell when the seller is married.

The Practical Takeaway

Use the current legal name on everything, flag any mismatch with the deed early, collect the documents that explain the change, and verify you are dealing with the real owner. Then confirm whether there is a spouse who needs to sign. A few extra questions now keep your closing clean and your seller safe.