Change of Name on the Title

The change of name on title process step by step

A mismatch between the name on the title and the name on the current identity card is a problem that tends to surface at the least convenient moment: when an owner wants to sell, to refinance, or when beneficiaries want to deal with an estate.

Common causes for a change of name on title

Among the causes we see most often: the name format in older documents differs from the current format, a spelling difference at original registration, or an official change of name after the property was purchased.

Sometimes the difference is small, a single letter. From a land registration standpoint, small or large does not matter. What matters is that the register must clearly show that the registered proprietor and the person dealing with the property are the same.

When a change of name on title is not simply a correction

If the discrepancy exists because the property is in fact registered to someone else, or because the registered proprietor has died, this is no longer a name correction. It becomes a transfer or an estate administration matter, with a different process and cost.

A land search at the outset will determine which of the two it is.

Why even a small difference becomes a problem

The land office registers dealings on an exact match between the name on the title and the name on your identity card. Differences that look trivial, such as the spelling of bin and binti, a hyphen, or a shortened name, are enough for an application to be rejected.

The problem is not on the day you notice the difference. It is on the day you need to sell, charge or resolve an estate, with a buyer or a bank waiting.

Check your title now against your current identity card. If there is a difference, deal with the correction while there is no time pressure.

Supporting documents needed

Usually you need copies of the old and the new identity card, an official document showing the change of name such as a deed poll or a court document, and a statutory declaration confirming that both names refer to the same person.

For a change of name after conversion to Islam, documents from the state religious authority are needed. For a change after marriage or divorce, the relevant certificate is needed.

If the original document evidencing the change cannot be traced, the route becomes longer and may require a court application. That is why it is better dealt with early.

What your lawyer handles

• Conducting a land search and identifying the cause of the discrepancy
• Gathering supporting documents proving that the registered proprietor and the applicant are the same person
• Preparing the application and any statutory declaration required
• Filing the application at the land office
• Coordinating with the bank if it holds the title in custody under a charge
• Retrieving the corrected title

Timeline

Documents you need to prepare

• Copy of the current identity card
• Copy of the old identity card if available
• Copy of the title
• Birth certificate or other document showing the original name
• Official change of name documents where applicable

Costs people often overlook

• Legal fees for the application
• Land office filing fee
• Cost of the statutory declaration and document certification
• Service tax of 8% on legal fees

When to stop and get advice first

Frequently asked questions about change of name on title