How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33326
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

My father purchased a property using a different christian

Customer Question

My father purchased a property using a different christian name to what is on his birth certificate but keeping the surname the same. I am not sure how he did this but he says he was going through a messy divorce and didn't want his ex wife "finding" it so he bought it using a different christian name. He has left me the property in his will and has a separate document explaining why the property is in a different christian name, all signed and witnessed legitimately in his correct name.
There are no mortgages or debts on the property and currently sits at land registry under the name Colin Brooks (his name is ***** *****)
Has he broken the law by buying this property using a different christian name?
Does his will and explanation to the will (which is confirmed by witness and corroborated by the ex wife in question) suffice when he dies that the property would then transfer to me unencumbered?
Is it possible for him to transfer the property as a deed of gift prior to his death?
Submitted: 11 months ago.
Category: Law
Expert:  Clare replied 11 months ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youThere is nothing illegal in what your father has done - but t would be sensible for him to correct it at the Land Registry sooner rather than later as this will make it easier - butif he does not do so you will have no problem in dealing with it after his deathPlease ask if you need further detailsClare
Customer: replied 11 months ago.
Sorry, I find the answer very vague and I selected "high" detailing. Can you advise me please the legal precedent that states that purchasing an asset using another christian name is acceptable?Also, would the authorities not question how he was able to do this as I presume he would have had to falsify his first name otherwise how could it have been accepted?
Expert:  Clare replied 11 months ago.
HI
It is legal to use a name different to one on your birth certificate whenever you wish provided there is no intend to defraud anyone.
In the current era of tight money laundering rules and digital identity checks it is much harder to purchase a property in a name different to your given one - but it is posisble and it is not illegal.
I cannot give you a precedent as I cannot prove a negative - there is no law stopping it therefore it is permitted.
I am not sure what further information you require
Clare
Customer: replied 11 months ago.
Thank you! One last question if you wouldn't mind from a more practical sense. My father ***** ***** wishes to transfer the property (Colin Brooks on the title deeds) to me ***** *****. I called a solicitor today who said they need ID for Colin Brooks but that doesn't exist as its ***** ***** who bought it. How do we practically go about doing this in your opinion?
Expert:  Clare replied 11 months ago.
Hi
Now this is where your father will come up against the new regime of identification and will have to prove that he is the same person who purchased the property.
It should not be a major problem since he will have all the appropriate paperwork - but it will be educational for your father to realise the problem he has created
Clare
Customer: replied 11 months ago.
Thank you Clare for this. I am looking for a solicitor who would be willing to handle this, would you be interested in doing this? I have a solicitor to act for me but my father needs one to act for him and as you are already aware of the circumstances I'd feel more comfortable with you handling it. Would this be of interest?
Expert:  Clare replied 10 months ago.
HI I would have loved to - if only to be able to point out to your d=father how daft he had been - but it is against the rules of the site.Instead look for a local firm with a Conveyancing department - and an older solicitor who remembers the days when digital id was not around!

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions