Affidavit of Name Change: Linking Your Old and New Name on Records

Disclaimer: This article provides general educational information about affidavits of name change and is not legal advice. Requirements vary by institution and jurisdiction. For a court-ordered legal name change, consult your court or a licensed attorney.

An affidavit of name change is a sworn statement confirming that two different names refer to the same person. It is commonly used to reconcile records when your name has changed — after marriage, divorce, or a court order — or when documents show different spellings or versions of your name. It is also called a one and the same person affidavit or affidavit of identity.

Important: This Is Not How You Legally Change Your Name

A key distinction: an affidavit of name change usually does not create a new legal name on its own. The standard ways to legally change a name are:

• Marriage — adopting a spouse's surname (the marriage certificate is the proof)
• Divorce — restoring a former name (often ordered in the divorce decree)
• Court-ordered name change — a petition to the court for a new name (the court order is the proof)

The affidavit's job is to link your names — to tell a bank, title company, or agency that "Jane Smith" and "Jane Doe" are the same person — not to authorize the change itself.

When You Need One

• Your ID and account names do not match after a marriage or divorce
• A deed, title, or financial record shows a former name
• Documents contain different spellings or a maiden vs. married name
• An institution asks you to confirm that two names belong to one person
• Estate or inheritance documents reference a person under more than one name

What It Typically Contains

1. Your current full legal name
2. Your former name(s) or the alternate version(s)
3. A statement that all names refer to the same person (you)
4. The reason for the difference (marriage, divorce, court order, misspelling)
5. A reference to supporting proof (marriage certificate, divorce decree, court order), often attached
6. Signature, sworn before a notary

Sample Structure

STATE OF [STATE]
COUNTY OF [COUNTY]

AFFIDAVIT OF NAME CHANGE / ONE AND THE SAME PERSON

I, [Current Legal Name], being duly sworn, state:

1. I am one and the same person as [Former or Alternate Name].
2. My name changed from [former] to [current] due to [reason].
3. The documents referencing both names refer to me.

I declare under penalty of perjury that the foregoing is true and correct.

_____________________________
[Signature / Printed Name]

Sworn before me this ____ day of __________, 20__.

_____________________________
Notary Public

Common Mistakes

❌ Expecting the affidavit alone to legally change your name (it usually cannot) ❌ Not attaching the proof of the change (marriage certificate, decree, order) ❌ Leaving out one of the name variations that appears on your records ❌ Forgetting notarization where the institution requires it ❌ Inconsistent spelling between the affidavit and your documents

Frequently Asked Questions

Q: What is an affidavit of name change? A: A sworn statement confirming that two different names refer to the same person, used to reconcile records after a marriage, divorce, court order, or a spelling difference.

Q: Does an affidavit of name change legally change my name? A: Usually no. A legal name change comes from marriage, a divorce decree, or a court order. The affidavit links your names; it does not authorize the change.

Q: When would I need a one and the same person affidavit? A: When your ID and accounts show different names, or a deed, title, or estate document references a former or differently spelled name, and an institution needs confirmation they are the same person.

Q: Does it need to be notarized? A: Usually yes. It is a sworn statement signed before a notary, often with supporting proof attached.

Q: What proof should I attach? A: The document that caused the change — a marriage certificate, divorce decree, or court name-change order.

How discover.legal Helps

Our platform builds a clear, notary-ready affidavit of name change (one and the same person) with the sworn language institutions expect. We do not provide legal advice — for a court-ordered legal name change, follow your court's petition process.

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