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 Question of the day
 common law name change
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Lisa T.

California
391 Posts

Posted - 05/04/2010 :  11:16:01 AM  Show Profile  Visit Lisa T.'s Homepage  Reply with Quote
I don't think there is any restriction other than the name change cannot have the intent to defraud (escape bill collectors) or be obscense. Some states require that the new name be registered. At least in CA, just using the new name is good enough for a change.

http://en.wikipedia.org/wiki/Name_change

My older sister was named after her grandmother and vehemently hated it. She liked her middle name and so used her middle name as her first name and came up with a new middle name. She actually had it legally changed through the courts. My late mother-in-law reversed her first and middle names. It was not officially changed but she said she used it that way from about age 19.

Once I had a notary customer whose ID said John Quincy Doe but the paperwork said Quincy Doe.....he said he uses and is known by Quincy Doe. It follows the CA SOS ID rules so it was A-okay with me.
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Maple

51 Posts

Posted - 05/03/2010 :  11:07:31 AM  Show Profile  Reply with Quote
Lisa T., I was asking about name changes, not marriages, but you bring up a good point. If a state attempted to outlaw common law name changes, they would still have to deal with people from other states or countries who changed their name using the common law method before moving to, or doing business in, the state that tries to prohibit it.
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Lisa T.

California
391 Posts

Posted - 05/03/2010 :  09:25:26 AM  Show Profile  Visit Lisa T.'s Homepage  Reply with Quote
California doesn't allow common law marriages here but will recognize them from the states that do allow it.
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Maple

51 Posts

Posted - 05/03/2010 :  09:05:07 AM  Show Profile  Reply with Quote
Obviously a common law name change could affect notaries between the time the change occurs and the time the person obtains new id. My question is, does any state forbid common law name changes for ordinary law-abiding adults? (I would expect restrictions for children and persons on probation.)
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