Quitclaim Deed After Divorce in Alabama

What a Quitclaim Deed Does — and Doesn't Do

A quitclaim deed transfers whatever ownership interest the grantor has in a property to the grantee. It makes no warranties about the quality of the title — if there are liens, encumbrances, or defects, the grantee inherits them. In divorce cases, that's typically fine because both parties already know the property's history.

What a quitclaim deed does not do is remove anyone from the mortgage. Title and debt are separate legal instruments. If both spouses are on the mortgage, both remain liable until the loan is refinanced, assumed, or paid off — regardless of who holds the title. Executing a quitclaim deed without addressing the mortgage is one of the most common post-divorce mistakes.

Alabama-Specific Requirements

Alabama Code § 35-4-20 requires all deeds to be in writing and signed by the grantor. The statutory requirements for a valid, recordable quitclaim deed in Alabama:

Preparer clause. The deed must include the name and address of the person who prepared the document. Without this, the Probate Court rejects it at the recording window.

Marital status recitals. The grantor's current marital status must be stated on the face of the deed. If the transfer occurs after the divorce is final, the deed should state the grantor is "divorced" or "single."

Witnesses and notarization. The grantor's signature must be witnessed by at least one witness (two if the grantor cannot write). However, if the signature is acknowledged before a notary public, separate witnesses are not required for ordinary recording. Notarization is the standard approach.

Homestead rule. Under Alabama Code § 6-10-3, a married person conveying homestead property must obtain the voluntary signature of their spouse. If the transfer happens before the divorce is final, the spouse must sign the deed to release their homestead interest. After the divorce, the deed should state the grantor is divorced, clearing the homestead requirement.

The RT-1 Form and Deed Tax

Every deed presented for recording must be accompanied by a completed Real Estate Sales Validation Form (RT-1). This form verifies the property's value so the county can calculate the deed recordation tax.

The standard tax is $0.50 per $500 of value. But divorce transfers that release homestead or marital rights — where the grantor is not actually on the title as an owner — qualify for an exemption under AG Opinion 2001-239. The county assesses only the $0.50 minimum filing fee. If a genuine ownership interest is being conveyed, the tax is based on the fair market value of that interest.

Recording the Deed

Take the original notarized deed and the completed RT-1 to the Judge of Probate in the county where the property is physically located. Not the county where you live — the county where the property sits.

Recording fees are typically $4.00 for the first page and $3.00 for each additional page, plus any applicable deed tax. If you're mailing the documents, include a self-addressed stamped envelope large enough for the recorded originals to be returned.

Once recorded, the deed is part of the public record. The county's property records will reflect the new ownership.

Common Recording Rejections

The most frequent reasons Alabama probate offices reject quitclaim deeds:

• Missing preparer clause
• RT-1 form not attached or incompletely filled out
• Notary acknowledgment missing or improperly formatted
• Filed in the wrong county (must be where the property is, not where the parties live)
• Homestead assent missing on a pre-divorce transfer

The Complete Toolkit

The Alabama After-Divorce Checklist includes a Quitclaim Deed Preparation Worksheet that walks through every Alabama requirement — preparer clause, recitals, notarization, the RT-1, homestead rules, and recording logistics — with a pre-submission checklist to catch problems before you make the trip to the courthouse.

See more Alabama guides →