If you have legally changed your name after marriage and you have the necessary documents to support the change, you should use your current married surname when buying the land.
Your husband does not have any exclusive right to the surname simply because you now use it. The fact that other people may have the same surname does not create any problem or give them a claim over the property. Your full name, other identifying details, signature and the documents you provide will distinguish you from other people with the same surname.
When processing the land transaction and registering the property, you will also provide identification documents such as your passport or other accepted means of identification. These documents, together with the evidence of your name change, help establish that the name on the property documents belongs to you.
However, there is an important point to consider. If you started using your husband’s surname after marriage but have not legally documented the change of name, you may have difficulties when your property documents carry a name that is different from the name on your official identification documents.
Therefore, if you have a Deed Poll and an affidavit supporting your change of name, you can use your current married surname for the land purchase.
If you do not have proper documentation confirming the change of name, it is safer to use the surname that appears on your existing official documents, such as your maiden name, until your name change has been properly documented.
The main issue is not whether other people share your married surname. The important thing is that the name used in the land transaction can be properly connected to you through your identification documents and, where applicable, your legal name-change documents.
