|Had a similair situation recently|
Doc preparer put POSSLQ's name on "legals" thinking that Illinois was a common law marriage state.
When I confirmed appt w/bwr , told him to be sure to have his wife present.
He said that he would, just as soon as he got one.
Called title co and had docs re-drawn to reflect just him
Never did ask where they got her name to begin with.
I understand that in certain states, after common law spouses, who have had children together separate, there is a significant question as to wether they are still brother and sister.
As to the question of the Recorder of Deeds, as I understand it, so long as the document is signed by the named paries and duly acknowledged, the doc will be recorded.
The Recorder does not care as to the relationship of the parties. The issue of the binding effect of the lien on non-signers is beyond the scope of the duties of the Recorder.