ChatterBank5 mins ago
My Ex Wife Still Uses My Surname
7 Answers
My ex wife having re-married and then divorced again has reverted to my surname with out my consent. She could have retained her last marred name or reverted to either of two previous married names or reverted to her maiden name. My wife and I are not happy with this situation as this makes an implied connection and I want to ensure there can be no connection made in relation to any claim for any inheritance rights or liability for any debts, losses or any such responsibility for my ex wife. what can I do to mitigate these concerns? as I understand my ex wife has the right to take any name she wishes.
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She has the right to use any surname she wishes as far as I am aware. The difficult names to change are the fore (or Christian) names - if you don't like being called 'Alice' or 'Fred' you need to add your preferred name 'Gill' or Bruce' and use it, notifying authorities that you have done so. (This is how it was for a friend of mine a few years ago.) You have a divorce certificate and that should safeguard you from any claims.
Deed poll should be free, or at least not £65
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I know it's irritating but she can call herself what she likes and I expect there are thousands of others with your name too. As long as you and your wife have everything legally in place with banks, wills etc etc then it's no problem other than it irks you.
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I know it's irritating but she can call herself what she likes and I expect there are thousands of others with your name too. As long as you and your wife have everything legally in place with banks, wills etc etc then it's no problem other than it irks you.
Provided we are talking about the UK, you can call yourself "Rumpelstiltskin" or "Bodgeface" if you wish. You can get a passport in even a ridiculous name if you can prove to the UK passport authorities that the name is one you have used and been known by for a period of time. I know, because a friend of mine did so, and he wasn't even British by birth.
If she has children with the same name, it will be a great deal more convenient for many purposes if she keeps the same surname. School teachers, officials, etc, will not raise eybrows.
At the time of your divorce from her you should both have signed documents declaring that in future neither would have any claims over the assets of the other. You must check that you have copies of such documents, or else you should go back to the solicitor you used at that time.
If she has children with the same name, it will be a great deal more convenient for many purposes if she keeps the same surname. School teachers, officials, etc, will not raise eybrows.
At the time of your divorce from her you should both have signed documents declaring that in future neither would have any claims over the assets of the other. You must check that you have copies of such documents, or else you should go back to the solicitor you used at that time.
there's no particular logic in saying she should have taken the name of another husband rather than yours, or that of her father. It's a name she acquired legitimately and she's entitled to use it - as atalanta says, you can use any name you like , providing you're not doing so to defraud anyone.
If she is trying to make out she's married to you, then that might count as fraud; but it doesn't sound as if she's actually doing so. So I suggest you just refer to her as the First Mrs Seagull and don't lose any sleep over it.
If she is trying to make out she's married to you, then that might count as fraud; but it doesn't sound as if she's actually doing so. So I suggest you just refer to her as the First Mrs Seagull and don't lose any sleep over it.
Even if you were still married you would not be responsible for her debts.
She can have no claim from your will no matter what she calls herself - in fact if you left everything to your wife before you divorced and died without making a new will she would still not be entitled to anything as divorce negates the will.
An ex wife has no inheritance rights regardless of her surname.
However, to put your mind at rest make a new will, if you haven't already.
You and your wife are worrying unnecessarily.
By the way, only your current wife can call herself Mrs Seagull501 Smith. Your ex-wife can only call herself Mrs Alison Smith.
She can have no claim from your will no matter what she calls herself - in fact if you left everything to your wife before you divorced and died without making a new will she would still not be entitled to anything as divorce negates the will.
An ex wife has no inheritance rights regardless of her surname.
However, to put your mind at rest make a new will, if you haven't already.
You and your wife are worrying unnecessarily.
By the way, only your current wife can call herself Mrs Seagull501 Smith. Your ex-wife can only call herself Mrs Alison Smith.
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