Alabama Quitclaim Deed

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What Is an Alabama Quitclaim Deed?

An Alabama quitclaim deed is a legal document that transfers any ownership interest a person (the grantor) currently has in a piece of real estate to another person (the grantee) without providing any guarantees or warranties about the title. If there are liens, mortgages, or other claims against the property, the grantee assumes those risks. In Alabama, which is a "race-notice" state, the first person to record a deed without notice of a prior unrecorded deed generally has priority.

When to Use a Quitclaim Deed in Alabama

Because quitclaim deeds offer no buyer protection, they are rarely used in standard real estate transactions. Instead, they are common when property changes hands between trusted parties or when clearing title issues. Common uses include:

  • Adding or removing a spouse's name from a property title following a marriage or divorce.
  • Transferring real estate to family members as a gift or inheritance.
  • Moving personally owned property into a limited liability company (LLC) or a living trust.
  • Releasing a known or potential claim against a property to clear a "cloud on the title."

Alabama Requirements for Quitclaim Deeds

  • Signing: Only the grantor(s) must sign the deed. The grantee does not sign.
  • Notarization: The grantor's signature must be acknowledged before a notary public to be recorded.
  • Witnesses: Zero witnesses are required by law, provided the deed is properly notarized.
  • Recording: The deed must be recorded in the office of the County Probate Judge in the county where the property is located.
  • Transfer Tax / Recording Fees: Alabama does not charge a real estate transfer tax on quitclaim deeds where no money changes hands. Recording fees vary by county but are typically low.
  • Legal Description: A formal legal description, often using the Public Land Survey System (PLSS) or a subdivision lot and block, is required. A street address alone is insufficient.

Quitclaim Deed vs. Warranty Deed in Alabama

An Alabama quitclaim deed simply transfers whatever interest the grantor has, with zero promises. An Alabama warranty deed, however, includes a legal guarantee that the grantor owns the property free and clear of all encumbrances. Buyers strongly prefer warranty deeds because they provide the right to sue the seller if a title defect is discovered later.

Frequently Asked Questions

Do I need an attorney for an Alabama quitclaim deed?

No, Alabama law does not require an attorney to draft or record a quitclaim deed. However, if the transaction is complex or involves estate planning, consulting a local attorney is highly recommended.

How do I record a quitclaim deed in Alabama?

You must take the original, notarized deed to the County Probate Judge's office in the county where the real estate is located. You will need to pay the required recording fee.

Is an Alabama quitclaim deed valid if it's not recorded?

A properly executed quitclaim deed is generally valid between the grantor and grantee even if unrecorded. However, because Alabama is a "race-notice" state, failing to record it leaves the grantee vulnerable if the grantor later sells the same property to a bona fide purchaser who records their deed first.

Does a quitclaim deed remove my name from the mortgage?

No. A quitclaim deed only transfers your ownership interest in the physical property. It does not affect your legal obligation to pay the mortgage. If your name is on the loan, you remain financially responsible until the loan is paid off or refinanced by the grantee.

Can I use an Alabama quitclaim deed to transfer property to my LLC?

Yes, this is a very common use. Transferring property you own into an LLC you control via a quitclaim deed is a simple way to separate personal and business assets, though you must ensure the transfer doesn't violate any "due on sale" clauses in your mortgage.