One And The Same Affidavit Template for the United States
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What is a One And The Same Affidavit?
The One and the Same Affidavit serves as a critical legal tool in situations where an individual needs to establish that multiple variations of their name refer to the same person. This document becomes necessary when dealing with property titles, financial accounts, legal proceedings, or other official matters where name discrepancies exist due to marriage, divorce, or other legal name changes. The affidavit must comply with state-specific notary requirements and typically includes supporting documentation such as marriage certificates or court orders. It helps prevent confusion in public records and provides legal protection for both the affiant and institutions relying on the document.
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About the One And The Same Affidavit
A One And The Same Affidavit is a sworn statement that lets you declare, under oath, that different variations of a name all refer to one and the same person. It serves as proof of identity consistency when your legal name appears differently across records. The affidavit is signed before a notary public and executed under both federal perjury law and state-specific rules so institutions and government agencies will accept it.
What does "one and the same" mean on an affidavit?
The phrase "one and the same" means that two or more names, spellings, or signatures belong to a single individual rather than to separate people. On this affidavit you list every version of the name that appears on your records (for example "Elizabeth A. Carter," "Liz Carter," and "Elizabeth Anne Miller") and swear they identify one and the same person. Some jurisdictions and businesses call the finished statement a "one and the same letter," a "one in the same form," or a same-person affidavit; the wording differs but the purpose is identical.
When do you need this document?
You'll need this affidavit when a real estate deed shows different name variations, when a bank or lender requires consistent identity verification to open or access an account, or during a transaction where a discrepancy could stall the deal. It comes up often with inherited property, insurance claims, and professional licensing where your current legal name differs from earlier paperwork. Agencies, banks, and title companies request it to process matters involving marriage, divorce, professional name changes, or a clerical error on file.
How do you complete and file it?
State your current legal name, every prior or alternate name you've used, your date of birth, and your Social Security number so there is a clear chain of identity. Explain the reason for each variation and attach supporting evidence, such as a marriage certificate, divorce decree, or court order. Add proper venue details naming the county and state of signing. The notary verifies your identity from government-issued ID, watches you sign, and completes the notarial certificate. If a county recorder or a business needs the original filed, follow their format and fee rules. If you need a related instrument, GenieAI also offers a Affidavit of One and the Same Person and a Certificate of One and the Same Person.
Where and how to submit the affidavit
The party that asked for the affidavit sets where it goes. Confirm the exact submission method before you sign, because requirements differ by recipient:
- Contact the requesting bank, agency, or title company directly and ask which format they accept and who to address it to.
- Many recipients let you send a scanned copy by email, then follow up with the notarized original by mail if they need it for their records.
- Some agencies list submission instructions and downloadable checklists on their website, so check for an official page or portal link before you send anything.
- For property records, deliver the signed original in person or by mail to the county recorder handling the home or land at issue.
Key legal considerations
Because you sign under penalty of perjury, every statement must be accurate; a false declaration is a federal offense carrying fines and possible imprisonment. Keep the language specific: name each variation, tie it to a cause, and reference the document that supports it. Including a witness who can attest to your identity under different names can strengthen how readily a bank, agency, or other business accepts the affidavit, though witness rules vary by state.
Legal requirements in United States
Federal perjury law under 18 U.S.C. § 1621 governs the truthfulness of your sworn statements. State notary rules vary, setting local expectations for wording, witnessing, and notarization. Your affidavit should identify the venue (county and state), your full legal name, and your address as the affiant. Most states require the notary to confirm your identity from acceptable ID and log the act. County recording rules on margins, paper, and fees apply only if you file the signed original with public records.
GOVERNING LAW
Applicable law
This One And The Same Affidavit is drafted to comply with United States law. Key legislation includes:
These are the main legal frameworks that shape how a One and the Same Affidavit is prepared, sworn, and accepted across the United States.
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