[AL] Is a Spousal Acknowledgment Form required with a Quitclaim Deed?
I've read online in other locations that a Spousal Acknowledgment Form is still required with his signature, even though we were not married when I closed on the property. Is that correct?
I am in Alabama.
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So legally speaking, no, you don't.
You just need a quitclaim deed. The form is required by some lenders sometimes when you seek investment property sometimes, but otherwise, generally the answer is no.
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I owned my property before I got married, now I am adding my husband to the property deed.
I've read online in other locations that a Spousal Acknowledgment Form is still required with his signature, even though we were not married when I closed on the property. Is that correct?
I am in Alabama.
I understand your situation. Have you already checked with a local real estate attorney in Alabama regarding the Spousal Acknowledgment Form requirement?
I haven't.
Are you looking to add your husband to the property deed as a joint tenant with rights of survivorship or as a tenant in common?
Joint tenant with rights of survivorship
Is there anything else the Real Estate Lawyer should know before I connect you? Rest assured they'll be able to help with adding your husband to the property deed.
I also would like to know if witnesses are still required on the quitclaim deed if I am able to sign my name and have it notarized.
Hello! Legal Eagle here, and I am an attorney specializing in your area of law. I am more than happy to help you with your situation! Did the county clerk tell you this was required?
No. When I called the probate court office, they said to I just needed to record a quitclaim deed. Wouldn't answer any specific questions other than fees.
Ok I understand what you mean in this case! So you're just seeing online this extra form?
Yes
Understood! So you're just wondering what you need to do here, correct?
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Yes, I just need to know if I need to include the Spousal Acknowledgment Form or not.
Ok! I've been working on an answer while we've been chatting, so it'll just be a moment.
So legally speaking, no, you don't.
You just need a quitclaim deed. The form is required by some lenders sometimes when you seek investment property sometimes, but otherwise, generally the answer is no.
My second question: If I sign and notarize as the Grantor, do I still need to have two witnesses sign?
Understood! Yes, have two witnesses to sign for you being the grantor and also being the grantee for both you and your husband (as grantees).
I am confused. So my husband needs to sign as the Grantee, have it notarized, and have two witnesses?
Correct.
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You sign as grantor (notarized);
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You sign as grantee, and so does he (since the property is changing ownership technically). It's notarized.
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You need it notarized in this case, and one notary should be fine.
OK. So let me make sure I have all the dockets I need to record in the quitclaim packet:
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the quitclaim deed
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My signature/notarization as grantor
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Me and my husband's signatures/notarization as co-grantees
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legal description of property.
Yes, you've got it 100%!
OK. Great. Thank you so much! I think that it is it for now. Goodbye.
You bet. I'm sorry to hear about your situation! Thank you for trusting AskaLawyer with your question.
