QuitClaim Deed in Alabama
What You Need To Know
If you’d like to give up your interests in real property to your spouse or your ex-spouse; or if you’d like to gift your property to a family member for rental use or any other use, the statutory laws in Alabama require you to sign a document called a quit claim deed.
What is a quit claim deed?
A quitclaim deed (quitclaim form, non-warranty deed, or quitclaim) refers to the legally binding document that releases an individual’s interest in a named property. The document does not, however, state the nature of the person’s interest/ right in the property. And it doesn’t carry warranties of the individual’s rights or interests in the property. The other condition of the quitclaim deed is that it neither guarantees nor states that the party relinquishing their interests/ claim to the named property owned the valid ownership rights to the property. The person who relinquishes their interests or rights to the property is the grantor while the person who receives the interests is the grantee.
The deed will, however, prevent the grantor from coming back to claim the interests they’ve given up. Therefore, you could think of the quitclaim deed as the document that officially recognizes the fact that the grantor has given up their interests in named real property; protecting the grantee (to a small extent) from being stripped of the rights.
The Difference Between the QuitClaim Deed and the Warranty Deed
When it comes to the transfer of rights or interests in real property from one party to another, the law allows the use of specialty or the general warranty deeds as well as the quitclaims. These documents differ from each other in some ways.
Unlike the warranty deeds, the quit claim deeds do not carry any warranties, only working to release or convey a grantor’s interests in property to the grantee. If the grantor owns the property, he or she gives the grantee the claim deed to show that they’ve transferred their interests in the property.
What this means is that the use of the quit deed could be risky if the grantor does not own rights to the property whose interests they are transferring.
Uses of the Claim Deed
- A quit claim deed in Alabama has several legal uses, particularly in property transfers. Some of the uses that could be listed in the deed claim form include:
- The transfer of property into a Trust or a living trust
- To indicate a change in name affecting an existing deed
- Transfer of property to a business or an entity
- When asked to resolve cloud on a title by the title company
- When changing the details of the marital property
- Transferring interests to someone else who will co-own the property with current owners
- Removing a grantee from a deed
If the circumstances/ uses listed above represent actions you wish to take, you should consider downloading your copy of a free Alabama quit claim deed form. The non-warranty deed form will guide you in transferring or the conveyance of your interests in property to someone else.
For the document to be legally binding, it must be meet some requirements.
- Requirements for valid quitclaim form
- The transfer/ conveyance needs to be in writing; on a parchment or paper
- It must be marked or signed by the grantor. In the absence of the grantor, it should be signed or marked by authorized personnel.
- It must have the grantor’s name, address, as well as their marital status; this is according to the legal provisions of Code 35-4-20.
- The law also indicates that for a married grantor in ownership of the property under the spouse facilitating the transfer, then the only signature required for rights/ interests conveyance is the grantors.
- But, the quitclaim form must have the signatures of both spouses if the property whose interests are being conveyed is homestead property, the other spouse’s status of property ownership notwithstanding.
- Regarding non-homestead property transfers, the state requires a recital which states that the named property on conveyance does not belong to the grantor.
- The statutes also require that the deed form carries the exact description of the property. These details include reference to any past recording.
- The form must have the name of the grantee along with their address, and necessary vesting details.
- According to the state laws under Ala. Code 35-4-110, 113), the form must have a written statement with the name/ address of the party preparing the quitclaim form.
- For validity, the form must also carry a statement from an independent witness. Alternatively, the form should have an acknowledgment from a notary public or any other party licensed to acknowledge oaths.
- The statute is also clear on something else: that while an acknowledgment is enough for grantors able to write, there should be a witness present for a grantor who is unable to write.
Choice of words
The Alabama quitclaim form doesn’t provide any warranties. Therefore, under the form’s warranty clause section, the terms ‘Sell,’ ‘Bargain’ or ‘Grant,’ shouldn’t be used.
These words have implied warranties as per the statutory provisions of Code 35-4 271. Acceptable words/ phrases include “release quitclaim,” or “quitclaim then convey.’
Finally, the deed should be recorded, preferably with probate based in the county that the property is located – Ala. Code 35-4-50. And for purposes of recording, the county might call for extra information, specific formatting, tax forms, and other documents.
Would you like to transfer your interests in property to a loved one or a business entity in Birmingham, Huntsville, Montgomery, Mobile, Tuscaloosa, Auburn, Dothan, Anniston or any other city in Alabama? Download our free quitclaim deed form today to get started.