A Texas One and the Same Affidavit is a sworn, notarized statement confirming that two or more different names appearing on your records — a maiden name on an old deed, a middle initial missing from a bank account, a nickname on an insurance policy — all belong to you. You’d typically prepare one when a title company, financial institution, or county office won’t process a transaction because the name on their document doesn’t match your current ID. For real estate, the notarized affidavit also has to be recorded with the county clerk to become part of the public record.
When You’d Use One
The most common trigger is a real estate closing. A title company reviewing the chain of ownership finds that the name on a prior deed doesn’t perfectly match the seller’s driver license or the name on the new deed. Even small differences — “Catherine” versus “Cathy,” a dropped hyphen, a maiden name on a decades-old conveyance — create what title professionals call a cloud on title. Until the discrepancy is resolved, the title company won’t issue title insurance, and the sale stalls. A recorded affidavit links the variant names in the public record and clears that cloud.
Estate and probate matters come up nearly as often. Someone might hold a bank account under “Robert J. Smith” while a will names “Robert James Smith” as the grantor. Financial institutions and courts processing inheritance claims, life insurance payouts, or trust distributions want a sworn statement tying those names to one individual before releasing funds.
Vehicle title transfers use a closely related form. When the name on a Texas vehicle title doesn’t match the owner’s current identification — often because of a marriage — the county tax assessor-collector’s office accepts Form MV-50, the One and the Same Statement. That single-page form asks for the two names, the vehicle’s year, make, and VIN, and the reason for the discrepancy. You sign it at the tax office and submit it with the title transfer paperwork.
Other situations include mortgage applications when credit reports carry a name variant, consolidating financial accounts opened under different spellings, and resolving discrepancies flagged during background checks or professional licensing reviews.
What the Affidavit Has to Contain
Texas doesn’t prescribe a single mandatory form, so layouts vary by title company, attorney, or forms provider. Every workable version includes the same core elements:
- Your full legal name exactly as it appears on your current government-issued photo ID, typically a Texas driver license or U.S. passport.
- Every name variation from the conflicting documents — each alternative spelling, maiden name, married name, nickname, or version with a missing or added suffix. The Texas General Land Office template phrases this as “I am ONE AND THE SAME PERSON AS” followed by blanks for each variant.
- A sworn statement affirming that you have been known by each listed name and that all names refer to a single individual. A typical declaration reads: “I hereby affirm that the information given above is true and correct to the best of my knowledge and belief.”
- Transaction-specific details. For real estate, include the legal description of the property — lot number, block, subdivision, and county — as it appears in county records. For financial accounts, identify the institution and account number.
- A signature line, the date, and a notary block with space for the seal.
Filling It Out
Start with your current legal name written exactly as it appears on your government-issued ID. Don’t paraphrase or abbreviate. If your license says “Katherine Ann Doe-Martinez,” write that. This is the anchor name the affidavit ties everything else to.
List every name variation appearing on the documents causing the problem. Pull these directly from the conflicting records rather than working from memory. If your old deed says “Kathy A. Doe,” your marriage certificate says “Katherine Ann Doe,” and your mortgage application says “Katherine Martinez,” each of those goes on a separate line. Missing even one variant defeats the purpose, because the entity requesting the affidavit will still see an unexplained name in the chain.
Add the transaction context. For real property, copy the legal description straight from the deed or county appraisal records — the lot, block, and subdivision reference, not just the street address. For financial assets, include the account number and institution name. Form MV-50 handles vehicle transactions by having you enter the year, make, and VIN directly on the form.
Review every character before heading to the notary. A single misspelled name or transposed digit in a property description can force you to prepare and notarize the affidavit again. Compare what you’ve written against the source documents side by side.
Getting It Notarized
Texas law requires instruments recorded in county property records to be acknowledged or sworn to before an authorized officer. Under the Civil Practice and Remedies Code, that includes a notary public, a district court clerk, and a county court judge or clerk.1State of Texas. Texas Civil Practice and Remedies Code Section 121.001 – Officers Who May Take Acknowledgments or Proofs
In practice, nearly everyone uses a notary public. Bring the completed but unsigned affidavit to the notary along with your valid photo ID. Do not sign it beforehand. The notary must witness your signature, verify your identity, have you swear or affirm that the contents are true, watch you sign, and then complete the notarial certificate and apply the seal. Without that witnessed signature and seal, the document won’t be accepted for recording.
Texas caps what a notary can charge at $10 for the first signature acknowledgment and $1 for each additional signature. Administering an oath or affirmation is also capped at $10. Banks, UPS stores, and shipping centers commonly offer notary services, and title companies typically handle notarization as part of closing at no extra charge.2Texas Secretary of State. Notary Public Educational Information
Recording It for Real Estate
For real property, notarization alone isn’t enough. Record the notarized original with the county clerk in the county where the property sits. Recording makes the name clarification part of the permanent public land records, so anyone searching the title in the future will find it.
Texas Property Code Section 12.001 allows an instrument concerning real or personal property to be recorded if it has been “acknowledged, sworn to with a proper jurat, or proved according to law.” A properly notarized One and the Same Affidavit meets that standard. Section 12.0011 adds that the paper document must carry an original signature that is acknowledged or sworn to; photocopies and unsigned documents won’t be accepted.3State of Texas. Texas Property Code Section 12.001 – Instruments Concerning Property4State of Texas. Texas Property Code Section 12.0011 – Instruments Concerning Property
Bring the notarized affidavit to the county clerk’s office in person, or check whether your county accepts mailed or electronic submissions. You’ll need to present a photo ID when submitting the document. The statutory base fee under the Local Government Code is $5 for the first page and $4 for each additional page, but counties add records-management, archive, and courthouse-security surcharges that push the real-world total higher.5State of Texas. Texas Local Government Code Section 118.011 – Fee Schedule
In Travis County, the first page of a real property recording costs $25, with $4 for each additional page. Bexar County charges the same $25 first-page rate. Most Texas counties fall in that range for a one-page affidavit, but confirm the current fee with your specific county clerk before visiting. After the clerk processes the filing, you’ll receive a recorded copy stamped with a file number, date, and the clerk’s seal. Keep that recorded copy. It’s the version title companies and attorneys will want to see.6Travis County Clerk. Recording Fee Information7Bexar County, TX. Real Property Recording Fees
What Happens If You Lie on It
Because you sign under oath, knowingly making a false statement in a One and the Same Affidavit is perjury under Texas Penal Code Section 37.02. Standard perjury is a Class A misdemeanor, carrying up to one year in county jail and a fine of up to $4,000.8State of Texas. Texas Penal Code Chapter 12 – Punishments
If the false statement is material to an official proceeding, such as a probate case or a contested title dispute in court, the charge escalates to aggravated perjury under Section 37.03, a third-degree felony punishable by two to ten years in prison and a fine of up to $10,000. A fraudulent affidavit can also void the transaction it supported, expose you to civil liability from anyone who relied on it, and leave a title defect harder to fix than the original name discrepancy.
When It’s the Wrong Tool
A One and the Same Affidavit works only when both names genuinely belong to the same person. It explains why the records don’t match; it doesn’t create a new legal identity. To go by a different name going forward and have future documents reflect that name, you need a court-ordered name change under Texas Family Code Chapter 45, which involves a petition, background check, and hearing.
A title company will accept an affidavit linking “Jane Smith” (maiden name on an old deed) to “Jane Rodriguez” (married name on current ID) because both names legitimately belonged to the same person at different times. But if someone wants a deed reissued under an entirely new name they’ve never legally held, an affidavit won’t accomplish that, and signing one claiming otherwise is the kind of false statement that triggers the perjury penalties. When in doubt, ask the title company or attorney handling your transaction which path fits your situation.