A Property24 reader asks, “Will a different surname affect bond registration? If so, how? During the time that my property was registered my divorced was finalised and I didn't know that my married surname was used. I found out while in the process of registration that my title deed is on the old surname. Will this delay the registration process, and how do I resolve it to be on my current surname?"
Herold Gie Attorneys property Law attorney and director Renel Fourie, and associate within the Property Law department. Alisa Malindi respond:
In terms of section 26 of the Births and Deaths Registration Act 1992, a woman is entitled, after her marriage, to assume her married surname or after having assumed his or her surname, resume a surname which she bore at any prior time.
If, subsequent to the divorce and at the time of the property being transferred to you, it was not your intention to have such property registered using your former marital surname but rather your maiden surname, and the attorneys proceeded with the transfer into your marital surname, the bond attorneys would need to prepare an application in terms of section 4(1)(b) of the Deeds Registries Act 47 of 1937. This section provides that deeds or documents can be rectified if there is an error in the name or the description of any person or property. An application in terms of section 4(1)(b) would set out that there was an error at the time of registering the property as it was registered in your marital surname, and it should have been registered in your maiden surname.
If, however, at the time of transfer of the property, you had not expressed any intention to the transferring attorneys to have the property registered in your maiden surname, section 93(1)(c) of the Deeds Registries Act would apply. In terms of this section, a person who resumes their former surname (as in the case of a divorce) and who wants to record such a name change must, through an affidavit contained in an application, apply to the Registrar of Deeds to record such a name change. As you are seeking to have a bond registered over the property in your maiden surname, which differs from the surname contained in your deed of transfer, this falls within the application required in terms of section 93(1)(c). This application would record that you have since resumed your maiden surname subsequent to your divorce and transfer of the property.
Whether the name change is recorded in accordance with section 4(1)(b) or section 93(1)(c) of the Deeds Registries Act, there could be cost implications as this will be an additional document the bond attorneys would have to prepare. However, a section 4(1)(b) application nor a section 93(1)(c) application should cause a delay in the process as they will be lodged simultaneously with the registration of the bond.
* Disclaimer: The articles on these web pages are provided for general information purposes only. Whilst care has been taken to ensure accuracy, the content provided is not intended to stand alone as legal advice. Always consult a suitably qualified attorney on any specific legal problem or matter.
Readers may submit questions to Property24’s Guest Expert panel. We may not be able to answer all questions received, but all will be considered.
Want all the latest property news and curated hot property listings sent directly to your inbox? Register for Property24’s Hot Properties, Lifestyle and Weekly Property Trends newsletters or follow us on Twitter, Instagram or Facebook.
Print
