Fillable Form Alabama Quitclaim Deed

What is an Alabama Quitclaim Deed?

A Quit Claim Deed is a legal document used to transfer property ownership interest in a property from one party to another without stating the nature of the filing party’s interest or rights, and with no warranties of that person’s interest or rights in the property. This particular version of the form is designed for filing a Quitclaim Deed in Alabama.

Unlike more comprehensive deeds, such as a General Warranty Deed, a Life Estate Deed, Statutory Warranty Deeds, or any other general property deed, a Quitclaim Deed does not make any guarantees or assurances about the status of the title. Instead, it conveys the current owner's (grantor's) interest in the property, whatever that may be, without specifying or ensuring the absence of liens, encumbrances, or other potential issues related to the title. Because of this, the grantee becomes legally responsible for said things for the property or business owned.

This type of deed is often employed in situations where there is a pre-existing level of trust between the parties involved, such as transfers between family members or business associates. For example, in cases of divorce, one spouse may use a quitclaim deed to relinquish their interest in a property to the other spouse. However, it's crucial for the recipient of a quitclaim deed to exercise caution, as this type of deed does not offer the same level of protection as general Warranty Deeds do. There is no guarantee that the title is free from any defects or that the grantor holds a clear and marketable title.

How do I fill out an Alabama Quitclaim Deed?

A fillable template for a Quitclaim Deed Alabama can be found here. While this template is designed for Alabama Quitclaim Deeds, it can be adapted and edited for use in another state. Make sure to double check all information included on the form to avoid any issues with filing.

County

Enter the county in the state of Alabama that this form is being filed in.

Sum Paid

Enter the sum paid to the undersigned.

Grantee

Enter the grantee’s full legal name.

Rights/Titles/Interest/Claim Granted

Enter how much of the rights, titles, interests, and claims are being granted to the grantee.

County

Enter the county of Alabama that the property is situated in.

Property Details

Enter the address and other relevant details of the property being granted. If possible, provide the same legal description of the property here as is present on any other documents or forms.

Hand and Seal

Enter the hand and seal this agreement is given under.

Date of Agreement

Enter the date that this agreement was made.

Signature

Have the grantor and the grantee sign the form in the space provided.

County

Enter the county of Alabama this form is being filed in.

Notary

Names

Enter the names of all parties signing the form.

Date of Notarization

Enter the date that this form was notarized.

Notary Name

Enter the name of the notary and have them sign or stamp the form in the space provided.

Commission Expiry

Enter the date that the notary’s commission expires.

Frequently Asked Questions (FAQs)

When is a Quitclaim Deed used?

Quitclaim Deeds are often used when a transfer of property is done in trust and without much, if any, monetary transaction involved, such as transfers between family members or divorcing spouses.

Can Quitclaim Deeds be used for all Real Estate Transactions?

Technically yes, but in practice, a Quitclaim Deed may not be appropriate for particular transactions, especially ones that require assurances about the quality of the title being transferred.

Does a Quitclaim Deed grant any protections to the Grantee?

Yes, but only the most basic ones relating to property safety, for the most part - unlike something like a Statutory Warranty Deed or a Special Warranty Deed, Quitclaim Deeds only provide basic legal protections to all parties involved.. Thus, it is best to conduct a title search in order to confirm the status of the title.

Can I hire a legal professional to help me fill out this document?

Yes. In fact, in the case of a Quitclaim Deed, it is recommended that you get assistance in reviewing the title due to the lack of comprehensive protections in a Quitclaim Deed.

Can a Quitclaim Deed be used to clear up a title dispute?

Yes,but resolution of the dispute is not guaranteed. Legal advice may be needed to resolve the dispute.

Can a Quitclaim Deed be reversed?

Yes, but the process is difficult and can become even more taxing depending on various circumstances and state laws, so it is recommended to enlist the services of a legal and financial professional if reversing a Quitclaim Deed is necessary.

Do Quitclaim Deeds need to be notarized?

It is not a requirement in and of itself, but having the identities of the persons filing the document verified is necessary, and notarization is the simplest way to accomplish that.

Are Quitclaim Deeds subject to tax?

Depending on the nature of the transaction and the jurisdiction that the title transfer occurs in, taxes may need to be paid for the transfer of property.

Can a Quitclaim Deed be used to add or remove someone from a property title?

Yes, though there are other documents and procedures that need to be followed as well. Legal advice is recommended when taking this course of action.

Do both parties need to agree to the Quitclaim Deed for it to be considered valid?

Generally, as the Grantor is the one transferring the title to another person, only the Grantor’s consent is required, but this may differ depending on the jurisdiction.

Is there a time limit for recording a Quitclaim Deed after it is executed?

Generally, no. However, while there may not be a strict time limit, recording promptly is advisable to protect the parties involved.

Can a Quitclaim Deed be used for properties with multiple owners?

Yes, it can be used, but it's crucial to clarify each owner's interest in the deed.

Does a Quitclaim Deed impact existing mortgages on the property?

No, it doesn't automatically remove mortgages, and lenders may need to be notified and may have consent requirements.

Can a Quitclaim Deed be used for posthumous property transfers in a will?

It can be used as part of estate planning, but probate processes may still apply.

What happens if a Quitclaim Deed is lost or misplaced after execution?

The involved parties may need to execute a new deed or take legal steps to address the situation.