Fayette County Quitclaim Deed Form

An Alabama quitclaim deed conveys whatever interest the grantor holds in a property — no more, no less — without any warranty of title. Unlike a warranty deed, the grantor makes no promise that title is clear or that they even own the property outright. For that reason, quitclaim deeds are typically used where both parties already know the history of the property: transferring title between spouses after a marriage or divorce, adding or removing a family member from title, moving property into a living trust, or resolving a cloud on title from an old recording error.

Alabama has several requirements that set it apart from most states, particularly around homestead properties and the recording process. Understanding these before you prepare or sign your deed can prevent rejection at the Probate Judge's office.

What the deed must contain

Under Ala. Code § 35-4-20, an Alabama quitclaim deed must be in writing on a tangible medium — paper in practice. The deed must include the following:

• Grantor information — full legal name, address, and marital status
• Grantee information — full legal name, address, and vesting language (how the grantee will hold title)
• Legal description — a complete description of the property, with references to prior recorded instruments as needed
• Consideration — the type and amount of consideration; the actual dollar value need not appear in the deed itself (Ala. Code § 35-4-34)
• Preparer identification — the name and address of the person who prepared the deed (Ala. Code §§ 35-4-110, 35-4-113)

Signatures and notarization

The grantor — or an authorized agent — must sign the deed. Notarization or a witness acknowledgment is required. If the grantor cannot write, an additional witness must be present (Ala. Code § 35-4-20).

Homestead properties require both spouses to sign

This is one of the most important Alabama-specific rules. If the property being transferred is the grantor's designated homestead, both spouses must sign the deed — regardless of how title is held or who appears on it. A deed signed by only one spouse on a homestead property can be challenged and potentially voided.

For non-homestead properties, the deed should include a statement confirming the property is not the grantor's homestead. This protects the grantee and prevents complications at recording.

Warranty language matters

Word choice on a quitclaim deed is not merely stylistic. Terms that imply a warranty of title — "grant," "bargain," or "sell" — can create unintended legal obligations. Use language that makes the nature of the transfer explicit: "quit claim and convey" or "remise, release, and quit claim" (Ala. Code § 35-4-271). Our forms use the correct language for Alabama quitclaim deeds.

Recording with the Probate Judge

Alabama records real estate documents through the county Probate Judge's office, not a recorder or register of deeds. This is one of the few states that uses this system, and it applies to every county.

The deed must be recorded in the county where the property is located to provide constructive notice of the transfer and establish priority against competing claims. Under Ala. Code § 35-4-50, a later conveyance that is recorded first generally prevails over an earlier conveyance that was never recorded. Record promptly after execution.

Real Estate Sales Validation Form required at recording

Since Ala. Act 2012-494, Alabama requires disclosure of the actual purchase price or fair market value at the time of recording using the Real Estate Sales Validation Form (Ala. Code § 40-22-1). The deed will not be accepted for recording without this form and payment of the applicable transfer tax. This form is included in your download package.

County-specific forms included

Each Alabama county has its own recording requirements, and the Probate Judge's office has the authority to reject documents that don't meet local standards. Our forms are prepared and validated specifically for each Alabama county. Your download includes the deed form, a completed example, a line-by-line guide, and the Alabama supplemental documents you'll need at recording — including the RT-1 form, homestead information, and applicable non-resident withholding forms. Select your county from the list to get the forms for your specific jurisdiction.