Home > Research Legal Advice > Real Estate > My wife's name is on our deed with and without a mistake.
Maryjane Wat...
Asked 8 months ago - Boston, MA
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I recently bought a house two months ago. My attorney made a mistake, but I did not notice my attorney’s mistake until now. Let’s say my wife’s name is Maryjane Watson. Due to my attorney’s mistake the third person is on our deed: Mary Jane.
The reason why this happened is that she prepared the quitclaim deed with the wrong name, Mary Jane. My attorney realized that the name is wrong, and she added these words. “AKA Maryjane Waton”.
This is why I have the third person on my deed. Is this a severe problem?
Rest assured that a title is not defective because of a minor variation in the spelling of a name. If you feel very uneasy about the situation, you can request that the attorney who drafted the deed record a title affidavit pursuant to Mass. General Laws Chapter 183, s. 5B to help clarify the chain of title for the property.
Normally an a/k/a is not a problem on a deed. Your attorney can either record a confirmatory deed, or you can both deed the property into just your names, or perhaps you can just leave it. If it really troubles you, you should consult with your attorney to see if he or she is willing to assist you remove the third name.
I agree with my colleagues. Although the deed could have been prepared by the seller's attorney, it is your attorney's job to make sure that it is accurate. In this case, the deed is not perfect, but your wife definitely still has title to the property. I would also check and make sure that both of your names are correct on the mortgage.
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