How do I file a quitclaim deed in Alabama?

1. Quitclaim vs Warranty Deed

Alabama quitclaim conveys only the grantor's interest. A general warranty deed (Ala. Code § 35-4-271) carries the warranty covenants; a statutory warranty deed warrants only against grantor's acts.

2. Common Uses

Divorce, interspousal transfers, gifts to family, trust funding, removing an ex-spouse, clearing potential heir interests.

3. Execution Formalities

Ala. Code § 35-4-20 — deeds must be in writing, signed by the grantor, and attested by ONE witness OR acknowledged before a notary. In practice notarization is universal. § 35-4-23 governs acknowledgment.

4. Required Contents

Grantor and grantee names with addresses, marital status, legal description, parcel ID, words of conveyance ("does hereby remise, release, and quitclaim"), consideration recital. Real Estate Sales Validation Form (RT-1) per § 40-22-1(h) required for most transfers.

5. Recording

Judge of Probate office in the county where the land sits (Ala. Code § 35-4-50); recording fees about $16 first page + $3 per additional page plus the deed tax.

6. Transfer Tax

Alabama Deed Tax: $0.50 per $500 of value or purchase price ($1 per $1,000) (Ala. Code § 40-22-1). Gifts and many family transfers are NOT exempt — Alabama is unusual in taxing gift conveyances based on the property's fair market value.

7. Title Insurance Limits

AL title insurers typically decline to insure based on a recent quitclaim without curative work.

8. Pitfalls

Quitclaim doesn't release mortgage liability; due-on-sale risk; Garn-St. Germain (12 U.S.C. § 1701j-3) shields qualifying family transfers. Alabama dower abolished (1979) but homestead protections remain (Ala. Const. Art. X § 205).

9. Special Local Rules

Alabama RT-1 form must accompany most transfers; deed tax is computed on actual consideration OR fair market value, whichever is greater — gifts are NOT automatically exempt.

This is legal information, not legal advice.