The difference between Alabama deeds is what the grantor warrants. A general warranty deed warrants title against all claims. A quitclaim warrants nothing at all — it conveys whatever interest the grantor happens to have, which may be none.
Whichever you use, it has to be recorded with the probate judge of the county where the land sits. Under Ala. Code § 35-4-90(a) an unrecorded conveyance is void as to a later purchaser or mortgagee without notice.
When a quitclaim is right
- Transferring between family members where nobody expects warranties — parent to child, between siblings.
- Removing a former spouse from the title after a divorce.
- Moving property into a trust or an LLC you control.
- Clearing a possible claim — getting a signature from someone who may or may not have an interest, to take the question off the table.
- Correcting a defect in an earlier deed.
When a quitclaim is a mistake
Buying property. If you are paying money for real estate, a quitclaim gives you nothing to sue on if the title turns out to be defective. The seller has promised you nothing at all.
A quitclaim deed does not remove anyone from a mortgage. If a divorcing spouse signs a quitclaim, they have given up their ownership interest — and they are still on the note. The lender was not a party to the deed and is not bound by it.
Removing someone from a mortgage takes a refinance or a lender’s release. This surprises people years later, usually when their credit is affected by a payment they had nothing to do with.
A deed conveys title. It does not affect the loan.What an Alabama deed must contain
Ala. Code § 35-4-20 requires a conveyance to be written or printed, signed at its foot by the contracting party or an agent with written authority, and attested by one witness — or two if the party cannot write, or signs by mark or another’s hand.
In practice almost nobody uses a witness, because § 35-4-23 provides that an acknowledgment “operates as a compliance with the requisitions of section 35-4-20 upon the subject of witnesses.” That is why Alabama deeds are notarized. Section 35-4-24 lists who may take the acknowledgment.
Ala. Code § 6-10-3: “No mortgage, deed or other conveyance of the homestead by a married person shall be valid without the voluntary signature and assent of the husband or wife.”
Your spouse may need to sign even if they are not on the title. This catches people doing what they think is a simple family transfer.
Ala. Code § 6-10-3.Recording is what protects you
Under § 35-4-50 conveyances required to be recorded “must be recorded in the office of the judge of probate” — the county where the land sits, not the circuit clerk.
And § 35-4-90(a) is why it matters: an unrecorded conveyance is “inoperative and void as to purchasers for a valuable consideration, mortgagees, and judgment creditors without notice, unless the same have been recorded before the accrual of the right of such purchasers.”
A signed deed in a drawer is not ownership. We see this most often with family transfers where everyone signed, nobody recorded, and the problem surfaces at a sale or a death a decade later.
What recording costs
| Instrument | Rate | Per $1,000 |
|---|---|---|
| Deed | $0.50 per $500 of value conveyed, or fraction | $1.00 |
| Mortgage | $0.15 per $100 of initial indebtedness, or fraction | $1.50 |
Section 40-22-1(b) exempts certain conveyances, including deeds for nominal consideration given to perfect title. County recording fees are separate — Limestone charges $4.00 for the first page and $3.00 for each additional; Madison charges $25.75 and $2.50 and requires an RT-1 validation form; Lauderdale $16.00 and $3.00; Colbert $8.00 and $3.00.
The survivorship question
A properly worded survivorship deed passes the property to the surviving co-owner automatically, outside probate. That is often exactly what a married couple wants, and it is one of the cheapest pieces of estate planning available.
But the wording has to be right. Ordinary joint ownership does not do it by itself, and a deed that was meant to create survivorship but does not creates precisely the probate proceeding it was supposed to avoid.
Before you gift property to a child
Property inherited at death generally receives a stepped-up basis. Property given away during life generally carries your basis to the recipient.
The practical consequence: a house you bought for $60,000 that is now worth $260,000 can pass to your child at death with a basis of $260,000, or by gift today with a basis of $60,000. If they sell, that difference is a capital gain of roughly $200,000 that did not need to exist.
A gift also exposes the property to your child’s creditors and divorce, and can affect Medicaid eligibility. A survivorship deed, a life estate or a trust often achieves the goal without any of it.
Nothing here is tax advice. Run the numbers with your CPA before signing anything.Who may prepare the deed
Under Ala. Code § 34-3-6, drawing a paper, document or instrument affecting secular rights for consideration is the practice of law. In Coffee County Abstract & Title Co. v. State ex rel. Norwood, 445 So. 2d 852 (Ala. 1983), the Supreme Court of Alabama treated filling in blanks on preprinted forms as preparing documents.
A downloaded form filled in at the kitchen table is where most defective Alabama deeds come from — wrong legal description, wrong grantee wording, missing acknowledgment, or never recorded at all. All are fixable. All cost more to fix than to do correctly.
Alabama deed questions
What is the difference between a quitclaim and a warranty deed?
A warranty deed warrants title — you have a claim against the grantor if the title turns out to be defective. A quitclaim conveys whatever interest the grantor has and warrants nothing. Use a warranty deed when money changes hands.
Does a quitclaim deed remove someone from the mortgage?
No. A deed conveys title; it has no effect on the loan. Removing someone from a mortgage requires a refinance or a release from the lender. This is the single most common misunderstanding we see after a divorce.
Does an Alabama deed have to be notarized?
Strictly, § 35-4-20 requires attestation by a witness. But § 35-4-23 provides that an acknowledgment satisfies that requirement, so in practice virtually all Alabama deeds are notarized rather than witnessed.
Do I have to record the deed?
To protect yourself, yes. Under § 35-4-50 conveyances are recorded with the judge of probate for the county where the land sits, and under § 35-4-90 an unrecorded conveyance is void as to later purchasers, mortgagees and judgment creditors without notice.
Does my spouse have to sign?
Possibly. Ala. Code § 6-10-3 provides that no mortgage, deed or other conveyance of the homestead by a married person is valid without the voluntary signature and assent of the husband or wife — regardless of whose name is on the title.
Should I put my house in my child’s name now?
Usually not. A lifetime gift generally carries your basis to them rather than giving a stepped-up basis at death, exposes the property to their creditors and divorce, and can affect Medicaid eligibility. Compare it against a survivorship deed, a life estate or a trust first, and run the numbers with your CPA.
How much does it cost to record a deed in Alabama?
The recording tax under § 40-22-1 is $0.50 per $500 of value conveyed — $1.00 per $1,000 — plus the county recording fee, which varies. Limestone charges $4.00 for the first page and $3.00 for each additional; Madison charges $25.75 and $2.50.
Can I write my own deed?
Under § 34-3-6 preparing a document affecting secular rights for consideration is the practice of law, and Coffee County Abstract treated filling in blanks on a preprinted form as preparing a document. Practically: the failure modes are a wrong legal description, wrong grantee wording, a missing acknowledgment, or never recording it — and each costs more to fix than to avoid.
Bring the deed you have, or tell us what you are trying to do
Deed preparation, title work and closings across Limestone, Madison, Morgan, Lauderdale, Colbert, Franklin and Lawrence Counties.
Daniel Shawn Pickens
Attorney at Daniel S. Pickens Law in Athens, Alabama. The firm handles business formation and contracts, real estate closings and title work, deeds, estate planning and probate, and DUI and traffic defence for clients across Limestone, Madison, Morgan, Lauderdale, Colbert, Franklin and Lawrence Counties.
- Deed preparation — $400 emailed to you, or $500 to sign and notarise in our office. You record it either way.
- Quitclaim deed — same flat fee
- Start your deed order
- How to record your deed — step by step, with county fees
- Need a copy of an existing deed? — retrieval service
Questions about a deed? Email deeds@dsp.law or call 256-434-1678.
Daniel S. Pickens Law · 300 West Green Street, Athens, Alabama 35611
