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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34895
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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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: 2 years ago.
Category: Law
Expert:  Clare replied 2 years 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 2 years 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 2 years ago.
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
Customer: replied 2 years 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 2 years ago.
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
Customer: replied 2 years 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 2 years 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!