Alabama Quitclaim Deed
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Quitclaim Deed for Real Estate Located in Alabama
Alabama Quit Claim Deed Form: Detailed Legal Requirements
Content and Format:
Form of the Deed: According to Ala. Code 35-4-20, the quit claim deed must be on a tangible medium like paper or parchment. While traditionally 'written,' in modern practice, this includes typed or computer-generated documents, as long as they are physically printed.
Signatory Requirements: The deed requires the signature or equivalent mark of the grantor or an agent authorized by them, as stipulated in Ala. Code 35-4-20.
Grantor Information: Essential details like the grantor's name, address, and marital status must be clearly stated (Ala. Code 35-4-20).
Marriage Considerations: For properties owned individually by one spouse, only that spouse's signature is necessary. However, Ala. Code 35-4-20 mandates both spouses to sign if the property is a designated homestead.
Homestead and Non-Homestead Provisions: Non-homestead property transfers need a statement clarifying that the property is not the grantor's homestead.
Detailed Property Description: A full legal description of the property is required, including references to prior recordings, as per Ala. Code 35-4-20.
Grantee Details: The deed should contain the grantee’s name, address, and vesting information.
Deed Preparer Information: Identification of the individual preparing the deed, including their name and address, is required under Ala. Code 35-4-110, 113.
Witness and Acknowledgment: Notarization or a witness statement is obligatory. An additional witness is required if the grantor is unable to write, as noted in Ala. Code 35-4-20.
Warranty Clause Wording:
Avoid Implied Warranties: Due to the nature of quit claim deeds, words implying warranties like "grant," "bargain," or "sell" should be avoided (Ala. Code 35-4-271). Instead, use phrases like "quit claim and convey" or "remise, release and quit claim," to indicate the transfer of interest without any warranties.
Mandatory Recording with Probate Judge: As specified in Ala. Code 35-4-50, the deed must be recorded with the probate judge in the county where the property is located. This step is crucial to ensure legal recognition of the ownership transfer.
Benefits of Recording: Recording the deed serves multiple purposes: it provides public notice of the change in ownership, protects the rights of the current owner, and maintains an unambiguous chain of title, as per general real estate law principles.
Priority in Disputes: In property ownership disputes, a later owner who has recorded their conveyance will generally have legal precedence over an earlier owner with an unrecorded document (Ala. Code 35-4-50).
Deed Consideration Clause: While Ala. Code 35-4-34 specifies that the actual consideration (the purchase price or value) doesn't need to be included in the deed's text, other laws come into play.
Real Estate Sales Validation Form Requirement: Since the enactment of Ala. Act 2012-494, the actual purchase price or value of the property transfer must be disclosed using the Real Estate Sales Validation Form. This is in accordance with Ala. Code 40-22-1, and the deed cannot be recorded without submitting this form and paying the necessary tax.
Local Requirements: It’s important to note that individual counties in Alabama might have their own specific requirements for quit claim deeds, including unique formatting, additional information, tax forms, or other documents. Always check with local authorities to ensure full compliance before attempting to record your quit claim deed.