THE IMPACT OF A NAME CHANGE ON YOUR TITLE DEED

I changed my name, what happens to my property’s title deed?

When a person formally changes their name at the Department of Home Affairs (eg. where a first name is changed from “Jack” to “Shakeel”), a formal application can be made to the Registrar of Deeds to endorse all existing title deeds/documents/bonds registered in the person’s name with the new name.

Section 93(1) of the Deeds Registries Act 47 of 1937 (DRA) provides for the changing of the name of a person or juristic entity and for the endorsement of such name in the Deeds Office.  This Application must set out the old and new names, as well as the reason and the authority for the change in the name.

Proof of the change of name as well as the new Identity Document will need to be lodged with the application.  Any person who has an interest in the deed/document to be amended (ie. where a bond is registered over the property, the Bank), must consent to the change.

However, Section 93(1)(c) of the DRA sets out the circumstances where the above process will not be necessary.  This is where a woman adopts her husband’s surname (normally after marriage), or where a woman reverts to her maiden surname or where she adopts a double barrel surname.  The woman must ensure that her Identity Document reflects the name that she is choosing to use on the title deed.

For further information or for assistance with the registration of your change of name in the Deeds Office, contact our offices at info@ajslaw.co.za or 021 824 2024