Alabama Quitclaim Deed from Individual to Two Individuals in Joint Tenancy
Overview of this form
The Quitclaim Deed from Individual to Two Individuals in Joint Tenancy is a legal document used to transfer property ownership from one individual (the Grantor) to two individuals (the Grantees) who will hold the property together in joint tenancy. This means that if one of the Grantees passes away, the surviving Grantee will inherit the entire interest in the property. Unlike other types of deeds, a quitclaim deed does not guarantee that the title is free from defects or encumbrances; it simply transfers whatever interest the Grantor may have in the property.
Key parts of this document
- Legal description of the property being transferred.
- Identification of the Grantor and Grantees.
- Statement of the intention for joint tenancy with right of survivorship.
- Reservation clause excluding oil, gas, and minerals if applicable.
- Signature of the Grantor and acknowledgment by a notary public.
When to use this form
This form is typically used when an individual wants to transfer property to two parties who will co-own the property and benefit from joint tenancy. Common scenarios include gifting property to family members or co-purchasing real estate with a partner while ensuring that ownership rights pass to the survivor in the event of one owner's death.
Who can use this document
- Individuals looking to transfer property to two other individuals.
- Those who want to establish joint tenancy with right of survivorship.
- Homeowners who are not married or whose spouse is not participating in the transfer.
How to prepare this document
- Identify the parties involved: the Grantor and the two Grantees.
- Provide the legal description of the property, typically included as an exhibit.
- Indicate the intention for joint tenancy and right of survivorship.
- Include any reservations concerning oil, gas, and minerals, if applicable.
- Have the Grantor sign the form in the presence of a notary public.
Does this document require notarization?
To make this form legally binding, it must be notarized. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes
- Failing to include a complete legal description of the property.
- Not correctly identifying the parties involved in the transaction.
- Omitting the reservation clause if there are interests like oil and gas.
- Neglecting to have the document notarized, if required by local laws.
Benefits of completing this form online
- Convenience of downloading and completing the form from home.
- Editability of fields to customize the form for specific needs.
- Reliability, as the templates are drafted by licensed attorneys.
- Immediate access to legal documents without the need for extensive research.
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FAQ
When done properly, a deed is recorded anywhere from two weeks to three months after closing. However, there are many instances where deeds are not properly recorded. Title agents commit errors, lose deeds, and even go out of business. Even county offices sometimes fail to record deeds that were properly submitted.
In order to terminate a joint tenancy, one of the four unities must be destroyed. You may do this by conveying your joint tenancy interest to any third person. This can be done through gift or sale. Upon termination, a tenancy in common is formed between the third person and the remaining co-tenant(s).
You can apply to court to change your ex-partner's tenancy to your name, or remove their name from a joint tenancy. You can apply for a 'transfer of tenancy' if: your landlord refuses to change your tenancy. your tenancy doesn't allow a transfer.
A quitclaim deed is a legal instrument that is used to transfer interest in real property.The owner/grantor terminates (quits) any right and claim to the property, thereby allowing the right or claim to transfer to the recipient/grantee.
A Quitclaim Deed must be notarized by a notary public or attorney in order to be valid.Consideration in a Quitclaim Deed is what the Grantee will pay to the Grantor for the interest in the property.
Recording (§ 35-4-50) A quit claim deed should be filed in the office of the County Probate Judge along with any required fees. Signing (A§ 35-4-20) All quit claim deeds are to be signed with a notary public present or with two (2) witnesses.
But you might be wondering if an owner can transfer a deed to another person without a real estate lawyer. The answer is yes. Parties to a transaction are always free to prepare their own deeds.A quitclaim deed, for example, is far simpler than a warranty deed.
The only way to forcibly change the ownership status is through a legal action and the resultant court order. However, if an owner chooses to be removed from the deed, it is simply a matter of preparing a new deed transferring that owner's interest in the property.
Discuss property ownership interests. Access a copy of your title deed. Complete, review and sign the quitclaim or warranty form. Submit the quitclaim or warranty form. Request a certified copy of your quitclaim or warranty deed.
