Monday, 27 February 2012

Changing my name on my title

Changing my name on my title


There are many ways by which a person may change their name. It may be by:
  • Marriage/divorce or
  • naturalisation or
  • use and repute (adopting and exclusively using a name for a period of at least one year) or
  • recording a change of name at the Registry of Births, Deaths and Marriages.

How do I change the name of an owner on a Certificate of Title who is remaining on the title as an owner?

You need to lodge:
  1. a Change of Name form 10CN (PDF 111 kb)
  2. a Notice of Sale or Transfer of Land (NOS) form (see information below)
  3. your Certificate of Title at Land and Property Information (see Certificate of Title information below) and
  4. originals or certified copies of two forms of evidence, one from list A and one from list B below, for the party whose name is to be changed. Copies of documents must be certified as a true copy of the original by a Justice of the Peace or a Legal Practitioner.
A lodgment fee is payable. As at 30 June 2011 lodging a Change of Name form cost $99.50.

Evidence required

Category A Category B
1. Australian birth certificate (full or extract)  1. Current driver's licence
2. Australian citizenship certificate 2. Current passport
3. Change of name certificate issued by the Registry of
Births, Deaths and Marriages
3. Current photo card issued by the Roads and Traffic Authority
4. Marriage certificate 4. Current bank statement

I have changed my name by use and repute but have not registered a Deed Poll or Instrument Evidencing Change of Name. What evidence do I need?

Where you have changed your name without registering a Deed Poll or Instrument Evidencing Change of Name you must state the full circumstances under which you have used your new name at part 3 on the statutory declaration. Plus two other forms of documentary evidence as indicated in LPI Circular 2009/08 (PDF 70 kb).

I have changed my name by registering a Deed Poll or Instrument Evidencing Change of Name. What evidence do I need?

In Item 3 of the statutory declaration you must include the registration number of the Deed Poll or Instrument Evidencing Change of Name and state that the person named in the Deed Poll or Instrument Evidencing Change of Name is identical with the person recorded as registered proprietor. Plus one other form of documentary evidence from List B as indicated in LPI Circular 2009/08 (PDF 70 kb).

I have changed my name by marriage. What evidence do I need?

Where you have changed your name by marriage you must complete part 2 of the statutory declaration stating the date and place of your marriage and the name of your spouse. You must attach a copy (certified by a Justice of the Peace or Solicitor to be a true copy) of the Marriage Certificate to the form. Plus one other form of documentary evidence from List B as indicated in LPI Circular 2009/08 (PDF 70 kb).

I have changed by name by naturalisation. What evidence do I need?

Where you have changed your name by naturalisation you must attach a copy (certified by a Justice of the Peace or Solicitor to be a true copy) of the naturalisation certificate to the form. You should also state in part 3 of the statutory declaration that you changed your name by naturalisation and the date and place that the naturalisation took place. Plus one other form of documentary evidence from List B as indicated in LPI Circular 2009/08 (PDF 70 kb).

I have changed my name by recording a change of name at the Registry of Births, Deaths and Marriages. What evidence do I need?

Where you have changed your name by recording your change of name at the Registry of Births, Deaths and Marriages, a full copy (certified by a Justice of the Peace or Solicitor to be a true copy) of your Birth Certificate or your Change of Name Certificate must be attached to the form. You should also state in part 3 of the Statutory Declaration that you recorded your change of name at the Registry of Births, Deaths and Marriages. Plus one other form of documentary evidence from List B as indicated in LPI Circular 2009/08 (PDF 70 kb).

I have changed my name and was born overseas but do not have evidence indicated in List A of LPI Circular 2009/08. What evidence do I need?

In circumstances where a proprietor, who is staying on title, wishes to change their name, two forms of documentary evidence from List B in LPI Circular 2009/08 (PDF 70 kb) is required.

Companies, financial institutions and other non government organisations

Must provide evidence of a change of name by way of a certificate of incorporation under the Corporations Act 2001, or other appropriate evidence of the change of name under the relevant legislation.
LPI will make copies of any original documents and return them to the lodging party. Copies of evidence provided will be maintained in LPI records but will not be made available to the public. Any document images will not include images of the evidence provided.

How do I change the name of an owner on a Certificate of Title who is coming off the title as an owner?

If you are lodging a Transfer document, a Statutory Declaration lodged with your documents describing the name change will be sufficient.
Download blank Statutory Declaration form (PDF 8 kb)
If you do not have access to the Internet, a Change of Name form and instructions for completion can be posted to you - call T: 1300 052 637.

Notice of Sale or Transfer of Land Form (NOS)

A NOS form is used to notify Council and other rating authorities of the change of name.
Panels 1, 2 and 5 only on the Notice of Sale form need to be completed.
Customers are able to complete and lodge notices of sale (NOS) online using LPI’s electronic notice of sale form (eNOS) available from the Online shop or hard copy versions can be obtained from our Sydney office or law stationers. LPI can post one to you - call T: 1300 052 637.

Certificate of Title

The current edition the Certificate of Title to your land will need to be lodged with the Change of Name and Notice of Sale form.

What if a mortgage is registered over the property?

You will need to contact the mortgagee (lender) and ask them to produce your Certificate of Title, prior to lodgment at Land and Property Information to allow for a Change of Name. The mortgagee will advise you on their costs and procedures for producing your title.

Do I get a new Certificate of Title?

Once a Change of Name has been registered, a new Certificate of Title will issue showing the new name of the owner.

source: lpi.nsw.gov.au