Real estate owners (the grantor) can use an Alabama quitclaim deed form to pass their property ownership to another person (the grantee) without a title search.
A quitclaim deed does not give the grantee any promise or warranty about the grantor’s property ownership. The form’s purpose is for the grantor to only transfer whatever interest they have in the property to the grantee.
Though you can use both quitclaim deeds and warranty deeds for property transfer, the grantee will use a warranty deed if they need to be sure there is no cloud on the title — no other potential claims, liens, or encumbrances against the property.
Alabama Quitclaim Deed Laws and Requirements
There are particular state requirements for an Alabama quitclaim deed form to be effective. When transferring property, even between family members, follow these requirements carefully to avoid an invalid deed.
Laws
Alabama Code Title 35, Section 4 dictates the requirements on transfers of property. Unlike some states, Alabama does not have a specific section about quitclaim deeds but does prohibit certain language from being used in a quitclaim deed.
Legal Description
The property’s legal description should be identical to any previous deeds. The form should include the book and page from the last sale, local property identification number, map, and plat number, the surveyor’s description, the lot number, and any easements or encumbrances.
Signing
The grantor must sign the document in the presence of a notary public or in the presence of two witnesses, per Alabama Code Section 35-4-20.
Alabama is a “separate property” state, meaning that real property belongs to the individual whose name appears on the deed and only that person unless it is a homestead. When a homestead property is transferred, the quitclaim deed or warranty deed must contain the signatures of both spouses.
Acknowledgments
Acknowledging the signature by a notary public is sufficient or signature in front of two witnesses.
Terminology
Because a quitclaim deed does not provide a warranty of title, Alabama does not allow specific terminology in the body of the deed.
Alabama Code Section 35-4-271 makes it clear that words like “grant,” “bargain,” or “sell” create an implied warranty of title and therefore cannot be used in a quitclaim deed.
Instead, the words “quitclaim and convey,” “release and quitclaim,” or similar language should be used. The seller must make clear that they are transferring their interest in the property, but nothing more.
The deed must also include a statement of the grantor’s marital status. For instance, “John Doe, a single man,” or “Mary Smith, a widowed woman.” The intention behind this relates to the property’s status and the grantor’s ability to pass the title.
Transfer Tax
Alabama follows suit with other states and counties by charging a transfer tax for recording documents that convey an interest in the property. The tax must be paid before the document is recorded. Some types of transfers are tax-exempt.
File the appropriate tax form with the deed, which will tell you if the transfer is exempt or not.
Additional Documents
Per Alabama Code Section 40-22-1, a Real Estate Validation Form, Form RT-1, must be filed with your quitclaim deed.
Witnesses
As previously noted, two witnesses may serve in place of a notary acknowledgement.
Recording
Per Alabama Code Section 35-4-50, record your Alabama quitclaim deed form with the applicable County Probate Judge’s office in the county where the property is located. Before filing, double-check the county-specific forms and filing fees.
How to Write & File a Quitclaim Deed in Alabama
Follow the steps below to write and file a quitclaim deed in Alabama.
Step 1 – Obtain Quitclaim Deed Form
Download the proper Alabama quitclaim deed form, and start by entering the preparer’s information and address in the top left-hand corner. Leave the right-hand corner free for the county to use.
Step 2 – Enter New Property Owner Details
Fill in the name and address for the person who will receive the tax notices for the property and the quitclaim deed when it is properly filed. In most cases, this is the grantee (buyer) as the property’s new owner.
Step 3 – Write Property County
After the words, “State of Alabama,” write the property’s county.
Step 4 – Note Consideration
Write the dollar amount paid, if any, for the property in words, followed by a numeric value.
Step 5 – Fill in Grantor Details
Write the full name and address of the grantor or the property’s seller. List the county before the city and state when entering the address.
Step 6 – Write Grantee Information
Add the same information (full name and address) for the grantee, or buyer. Remember to add the grantee’s county.
Step 7 – Enter Property Legal Description
Provide the property’s legal description. In Alabama, this is the book and page number for the last sale, along with the property’s identifying information, tax map number, lot number, or similar local property identification number.
Step 8 – Complete Real Estate Validation Form
Fill out the Real Estate Validation Form and complete this before filing the quitclaim deed.
Step 9 – Sign in Presence of Witnesses or Notary
The grantor is ready to sign the form. This requires one witness (or two witnesses if the grantor cannot write) or a notary public acknowledgment.
Step 10 – File Your Alabama Quitclaim Deed
File the Real Estate Validation Form, and any required recording or filing fees with the County Probate Judge’s Office in the county where the property is located.
Sample Alabama Quitclaim Deed
Below is an example of what an Alabama quitclaim deed looks like.
