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Invalid Signature on House Title

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brad9999

Junior Member
What is the name of your state (only U.S. law)? Virginia

So my soon to be ex-wife:

1 - Never added my last name to hers on the marriage license
2 - Never legally changed her name to add mine with the DMV, SS Administration, or Passport Agency
3 - Maintains a driver's license with her ex-husband's last name as her legal name
4 - Has an expired passport with her maiden name

When we went to sign the documents to our home last year none of the financial paperwork was in her name, with exception of the title (I was trying to protect her and the children from an eviction in case something happened to me). She did not sign her legal name (passport or driver's license) on any of the documents. Additionally, the notary did not notarize her legal name nor even check it (or they would have caught the error).

My questions - since she did not use her legal name on such a legal document is would that invalidate her signature?

Thank you!
 


not2cleverRed

Obvious Observer
I'm curious... what do you think what her name on an *expired* passport has to do with anything?

What is your concern in this? Are you trying to claim the marital home is separate property in the divorce?
 

NIV

Member
Anyone who can determine my "legal name" from the mark I sign with is more psychic then smart. The squiggles I put down on paper to represent me are far removed from writing. I do imagine my legal name as I squiggle so I have that going for me.

If I chose to imagine a different name as I made my squiggle, I think that is my right. Generally, I can go by what I want as long as it is used regularly and without the intent to deceive and it is not obscene, offensive
or would not comport with common decency. There are few states that have outlawed the common law right to change one's name. I did not see Virginia as being one of them.

If whatever plan brad9999 is considering required court review, I suspect they will focus more on if the person signed the document than if the person signed the document in the same way they signed their passport.
 

Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Virginia

So my soon to be ex-wife:

1 - Never added my last name to hers on the marriage license
2 - Never legally changed her name to add mine with the DMV, SS Administration, or Passport Agency
3 - Maintains a driver's license with her ex-husband's last name as her legal name
4 - Has an expired passport with her maiden name

When we went to sign the documents to our home last year none of the financial paperwork was in her name, with exception of the title (I was trying to protect her and the children from an eviction in case something happened to me). She did not sign her legal name (passport or driver's license) on any of the documents. Additionally, the notary did not notarize her legal name nor even check it (or they would have caught the error).

My questions - since she did not use her legal name on such a legal document is would that invalidate her signature?

Thank you!
Why do you believe she needed to add YOUR last name to hers on the marriage license?
 

Ohiogal

Queen Bee
I'm curious... what do you think what her name on an *expired* passport has to do with anything?

What is your concern in this? Are you trying to claim the marital home is separate property in the divorce?
He sounds like a jerk who is ticked that his wife didn't take his name when they got married. As though that was a requirement.
 

FlyingRon

Senior Member
Real estate doesn't have "titles" like cars. The title is a change of deeds and there's not really any need for her to sign as a grantee at all.

Frankly, you're going to have to treat her fairly in the property division. You're not getting out of it on some imagined technicality.
 

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