How does someone prove they've changed their name?

Presented by Hayden-Anne Breedlove, Associate Counsel

When handling a transaction involving a party who has changed their name, it is important to establish a clear chain of identity to avoid potential title defects. Title insurance agents should request legal documentation that proves the name change, such as a marriage certificate, divorce decree, or court order. Agents should also verify that the individual’s identification matches the updated name and ensure the name change is reflected in all relevant property records. This approach helps ensure that the correct person is signing and creates a link in the chain of title to prevent future claims.

Additionally, an affidavit of identity (a.k.a. “same name affidavit”). signed by the individual can serve to confirm the name change and connect the prior name to the current name. It’s important to note that these affidavits have limited practical use because it relies solely on the declarant’s statement to confirm that different names or name variations refer to the same person. While it can be helpful in certain straightforward situations, such as clarifying a simple misspelling or minor name variation, it’s self-serving in other situations since there is no requirement for independent verification or corroboration.

If there is an issue confirming someone’s identity, an Accurint report can be run. This report helps confirm someone’s identity by using current addresses and other public records to make it possible to trace name variations, previous names, or aliases associated with a person. By cross-referencing information such as addresses, Social Security numbers, dates of birth, and other identifiers, Accurint reports may help to establish or confirm one’s identity.