Full question:
My ex-wife and I are listed as joint owners of our home. What must we do so that she can surrender her interest in the home? Jefferson County, Alabama
- Category: Real Property
- Subcategory: Deeds
- Date:
- State: Alabama
Answer:
To surrender her interest in the home, your ex-wife needs to execute a deed. This deed must clearly describe the property, identify her as the grantor (the one transferring the property), and you as the grantee (the one receiving the property). She must sign the deed in front of a notary public. Once signed, the deed should be delivered to you and accepted by you, which can be done by recording the deed with the county recorder's office in Jefferson County.
There are two common types of deeds: a warranty deed and a quitclaim deed. A warranty deed guarantees that the grantor owns the title, while a quitclaim deed transfers only the interest that the grantor has, without any warranties. A quitclaim deed is often used in situations like this, especially among family members, as it simplifies the transfer process.
Keep in mind that both owners must agree to the transfer, and your ex-wife must sign the deed for it to be valid. After the deed is recorded, her interest in the property will be officially surrendered.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.