Change of name due to marriage

Fiscal and legal advice from Webster Asesores

Dear Sir,

When I purchased my apartment, I was single. I have since married and we decided to buy a larger property.

When we went to the Notary´s office to sign for the sale, the Notary refused to sign the deeds because my name has changed and he said that I couldn´t prove that I was the person who owned the apartment.

It was most embarrassing, and the only way we could proceed was to give the keys and possession of the property to the buyers, and not receive any money for it.

Please let me know what I have to do.

ANSWER

In Spain a woman is born with the surname of her parents. Usually the father’s name comes first and then the mother´s name. When she married, she retains the surnames she was born with. In the UK, it is usual for the married woman to adopt the surname of the husband.

In Spain, a Spanish national obtains their National Identity Document which carries a number. This number is memorised and is valid for life, regardless of renewals of the document, you always get the name number. To add to confusion, in the UK every time one renews one´s passport it comes with a new number. Even if there is no change of name. Therefore, it is complicated to prove that you are the same person if your name has changed and also your passport number.

Our advice would be to ask the Notary if you can prove that you are the same person who is the registered owner by bringing along the original marriage certificate. This document will show your previous name and the fact that you are married. This may be sufficient, depending on the flexibility of the Notary.

We advice client that are in a similar situation to yours, to have a document drawn up by a Notary where it is recorded that your name has changed and the reason for this. This document can then be used for any purpose where you need to identify yourself with your new name.

A copy of your current passport including your new name, together with a copy of the marriage certificate should be included in the Notarial Document. This document is named Acta de Manifestaciones, and you will be required to present the certified copy of it when you go to the Notary´s office to complete the sale.

The estate agency might also need to have a copy of this document so he can ascertain that you are not trying to sell the property belonging to someone else.

You will also have to go to the national Police to inform them of the change of name, as your current NIE is for a different person.

The NIE number you will be given is the same, but their records will be amended.

Once you have our NIE updated you will have to register this with the tax office (Agencia Tributaria).

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This column is intended for informative purposes only and we strongly advise any readers to seek professional advice prior to taking any action.