Often it happens that a person changes their name after being registered on a Land Title in Alberta. It is relatively easy to update a name change on title. The fee is only $15.00.
In order to change a name on the records at the Land Titles Office, either proof of an official change of name pursuant to the Change of Name Act, R.S.A. 2000, c. C-7 or compliance with section 126 of the Land Titles Act, R.S.A. 2000, c. L-4 is required.
An affidavit must be submitted for registration verifying the change of name and the particulars of the marriage or such other particulars as are appropriate to the circumstances of the name change.
The affidavit must be accompanied by evidence to substantiate and show the connection between the current name of the person as shown on title and the name they wish to adopt. For example, a marriage certificate or a copy of an agreement made under Sec. 7 of the Adult Interdependent Relationship Act
If a name is not updated on title, it should not create complications. The spouse could still sign a Land Transfer using the old name and signature. Also, a spouse’s legal rights should not be compromised because the name on title is not updated. It should be easy enough to demonstrate the spouse is the same person, and still retain all legal rights such as under the Dower Act, Matrimonial Property Act, rights of ownership etc.
Please contact us if you require assistance in updating a land title.