Cherokee County Quitclaim Deed (Married Couple as Grantors) Form

Marriage puts an extra statute on an Alabama deed. Ala. Code Section 6-10-3 makes a married person's homestead conveyance turn on the other spouse's voluntary signature and assent, and Section 35-4-73 puts each individual grantor's marital status on the face of every deed. The Alabama Quitclaim Deed (Married Couple as Grantors) is drafted with both conditions already in its printed text: two spouses together pass their right, title, and interest in Alabama real property to one grantee, both sign, both acknowledge, and the deed states on its face that its grantors are married to each other.

The two-signature pattern the homestead statute describes

Section 6-10-3 gives the homestead conveyance a specific execution shape: the spouse's voluntary signature and assent, shown by examination before an officer authorized to take acknowledgments and by a certificate the statute directs to follow the individual acknowledgment form of Ala. Code Section 35-4-29. On this deed, that shape is the architecture. Both spouses are grantors; each signs, each appears before the officer, and each certificate carries the Section 35-4-29 substance. The deed reads the same whether record title stands in one spouse's name or in both, and whether or not the parcel is homestead: the signatures and certificates the statute contemplates are on the instrument either way.

One marital status, printed once for both grantors

Because the grantors are a couple, the deed handles the Section 35-4-73 recitation differently than a form for unrelated owners. Rather than asking twice, the first section prints the operative fact, that the two grantors named in it are married to each other, which recites the marital status of each grantor in a single sentence. The blanks in Section 1 take only each spouse's name and mailing address.

What a married couple actually holds in Alabama

Alabama recognizes no tenancy by the entirety, so marriage alone says nothing about how spouses hold their land. Under Ala. Code Section 35-4-7, spouses on a deed together are tenants in common unless their vesting deed expressed survivorship, in which case they hold as joint tenants with right of survivorship. Each spouse passes that spouse's own interest, whatever its form, and the configuration works equally where one spouse alone holds record title and the other joins to give the Section 6-10-3 assent. The grantee collects whatever the two interests amount to; the operative words remise, release, quitclaim, and convey, with an express statement that no covenant arises under Ala. Code Section 35-4-271, keep the instrument a bare release.

Spouses releasing together

The form recites exactly two grantors, married to each other, and one grantee. Section 9 carries a signature line, printed name, and date for each spouse, and an acknowledgment certificate for each spouse closes the instrument; a couple commonly completes both before one notary in a single sitting, as the included example shows. A married couple deeding the homeplace to an adult child, spouses moving a parcel to the trustee of their revocable living trust, and a husband and wife delivering their interests to a buyer who takes the title as it stands present the pattern this deed recites. The form is not set up as a release by one owner acting alone, by co-owners who are not spouses of one another, or by an entity grantor.

From signing table to probate office

Alabama treats acknowledgment as satisfying its deed-witnessing rule (Ala. Code Sections 35-4-20 and 35-4-23), so the notarized deed needs no subscribing witnesses. Recording happens with the judge of probate for the county where the land lies; Ala. Code Section 35-4-90 leaves an unrecorded conveyance void as to later purchasers, mortgagees, and judgment creditors without notice. The probate office collects the statutory deed tax on the value conveyed (Ala. Code Section 40-22-1) and the sales-value proof Alabama requires with deeds, commonly Department of Revenue Form RT-1, prepared separately when the deed is presented. The deed itself arrives intake-ready, with the statutory preparer statement in its text and the top three inches of page one left open for the recording stamp.

The download delivers this Alabama quitclaim deed for spouses, the same instrument buyers search for as a quit claim or quick claim deed, as a blank fillable PDF, with a completed example on a Jefferson County parents-to-child transfer and a guide covering every entry from the married-couple recitation to the notary blocks. The materials are informational and are not legal advice; how these rules operate on a specific title and marriage is a question for an Alabama attorney.