Alabama Deed Conveying Property held by Spouses as Tenants in Common to Husband and Wife as Community Property
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In conclusion, if you are buying a house in Alabama that you intend to be the primary residence of you and your spouse, then that property will be subject to the homestead exemption and you will need your spouse's assent and signature on the conveyance.
Titles are transferred by deeds. A deed is the actual legal document that would transfer the ownership (title) of a property from one person to another. A deed is signed by the person selling or transferring the property rights, called the grantor.
As with any conveyance of realty, a gift deed requires a complete legal description of the parcel. In Alabama, if the legal description references a plat, the plat should be attached to the deed, or the deed should describe the plat book and office in which it can be found (Ala. Code 1975, 35-4-74).
Recording ? A quit claim deed should be filed in the office of the County Probate Judge along with any required fees. Signing Requirements ? If a notary acknowledgment is not included in the conveyance of the property, a witness must attest to the conveyance.
The deed should be signed by the current owner or owners, with each signature notarized using Alabama's statutorily approved acknowledgments. There is no need for the new owners (grantees) to sign the deed.
Attorney Involvement All legal documents must be drafted by an attorney licensed to practice in the State of Alabama. Parties to a transaction can draft their own documents if they are doing so on behalf of themselves.
50 per $500 or $1.00 per $1000 on value of property conveyed - charged in increments of $500. The amount of value conveyed is always rounded to the nearest $500. A $1.00 ?no-tax? fee is charged on deeds that are tax exempt.
Without survivorship, the default ownership among multiple owners is ownership as ?tenants in common.? Each owner's interest in the property will pass as part of their probate estate on their death. Ownership with right of survivorship is common with married couples.
