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Category: Canada Law
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Im selling a house which is co-owned with my ex- wife, her

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I'm selling a house which is co-owned with my ex- wife, her name on the property is still her married nam, does she sign with her married name or does she use the name she uses to-day

She can validly use her original name and sign that way. Provincial law allows a spouse to use the surname of his spouse and they can use their maiden name as they choose as long as it is not for the purpose of deceiving anyone.

If she insists for some reason to use her married name then there will be an additional affidavit that must be sworn in front of a notary with her identifying herself as the same person with a new name.
Customer: replied 3 years ago.

the property is registered under her married name the contract of purchase and sale is in her married name does she still sign with her maiden she is using to-day?

I thought she had registered the home with her maiden name, so that is why I suggested she could use her original name.

She can sign now using her married name. That is perfectly legal and valid and can avoid needing to file an affidavit to explain why a different name is XXXXX XXXXX the land title transfer documents now than is listed on the title registration. I hope that clears up the matter for you.

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