Alabama Quit Claim Deed Form
The Alabama Quit Claim Deed makes it possible for one party (the “Grantor”) to transfer their interest in a property to another party (the “Grantee”). Along with a General Warranty Deed, it is one of the main types of Deeds available. A Quit Claim Deed differs from a General Warranty due to the fact that it does not provide any guarantee to the Grantee that the Grantor is the legal owner of the property. That being said, it is an incredibly useful legal document to execute in situations where the Grantee already has proof of the Grantor’s ownership of the property, such as when a parent wishes to transfer property to their child.
Laws (§ 35-4-1 to § 35-4-435): Code of Alabama, Title 35: “Property,” Chapter 4: “Conveyances and Creation of Estates”
Name and address (§ 35-4-110): The Deed must bear the name and address of the Grantor in order to be filed by the Probate Judge.
Marital status (§ 15-4-73): The Deed must state the marital status of the Grantor in order to be filed by the Probate Judge.
Age requirement (§ 35-4-1): The Grantor must be at least nineteen (19) years old to execute a Deed in the state of Alabama.
Language used (§ 35-4-271): Since the state’s Quit Claim Deeds do not feature a warranty of title, the following three (3) words should not be used in the section of the Deed that addresses warranties:
The Grantor is legally required to use alternative language that clearly represents their interest in the real property, without claiming any title or otherwise to the property. For example, language such as “hereby quitclaim and convey” must be used.
Time limitation of the Deed delivery (§ 35-4-75) – If the Deed does not state the time the it will be delivered, or the circumstances it will be delivered under, state law provides that, “The Deed shall be a reasonable time after the date on which the contract was entered into, and in no case more than one year subsequent to such date.”
Signing requirements (§ 35-4-20) – The signing requirements for the valid execution of an Alabama Quit Claim Deed form are dependent on the manner in which the form is signed. Namely, if whether or not the contracting party (i.e., the Grantor) can or cannot sign their name, or if they can sign their name but choose not to will impact both a) who will sign the contract, and b) the number of witnesses required. In order to simplify understanding Alabama Quit Claim Deed’s signing requirements, a quick guide has been provided below.
If the Grantor can sign their own name:
- The Grantor must sign their name at the foot of the form.
- The execution of the form must be attested by one (1) witness.
If the Grantor can sign their own name but chooses to use an authorized agent:
- In cases where the Grantor will direct their agent to sign the form, the agent must have written authority to do so.
- The execution of the form must be attested by two (2) witnesses, both of whom must be capable of writing their own names.
- The two (2) witnesses are required to write their names as witnesses on the form.
If the Grantor is incapable of signing their own name:
- If the Grantor is unable to sign their name, they may direct another party to do so on their behalf.
- This party must write the Grantor’s name, and the words “his mark” must be written next to or over it.
- The execution of the form must be attested by two (2) witnesses who have writing abilities.
- The two (2) witnesses must write their names as witnesses on the form.
In accordance with (§ 35-4-90), Alabama upholds a notice recording act. This act was established to protect future bona fide purchases who had no opportunity to learn of the fact that another party acquired title to the same property because that party failed to file a record of it.
Consequently, even though the party who did not duly record the Deed may have acquired the title first, they will be forced to relinquish their ownership claim. Whereas, the party who did duly record the Deed will be named the lawful owner of the property.
The form must be filed with Real Estate Sales Validation (Form RT-1) and any filing feeds must be paid, as detailed below.
Additional mandatory document (§ 40-22-1): It is mandatory for the form, Real Estate Sales Validation (Form RT-1), to be filed at the same time as the Deed. All relevant sections must be completed and subsequently signed by both parties.
Filing Fees (§ 40-22-1(c)): If the value of the property is five hundred dollars ($500.00) or less, a privilege or license tax of fifty cents ($0.50) will be charged for any executed Quit Claim Deed. If the value of the property is more than five hundred dollars ($500.00), the tax will be fifty cents ($0.50) for every five-hundred dollars ($500.00) of value.