Warranty Deeds

Serving Scottsboro and Jackson County

Titling and deeds in Alabama are a central part of real estate transfers and transactions of residential and commercial property. It’s critical to make sure you understand what they are, how they differ, and the roles they play in your ownership rights. Being informed is your best way to make smart real estate decisions and avoid challenges to your property interests.

What is a Deed?

A deed is a physical legal instrument that records the sale or transfer of property. It must be executed pursuant to the laws of the jurisdiction of where the property is located. A deed is executed by the grantor who is selling or transferring the property to the grantee who is buying or receiving the property. The deed provides evidence of who has title to the property.

When the grantor transfers property during a real estate transaction, they can transfer it using one of three types of deeds: 

1. General warranty deed
2. Special warranty
3. Quitclaim deed

Each deed type represents the extent or knowledge of title to any specific property. 

Three Common Ways to Take Title in Alabama

You take title when you acquire real estate either by a transfer or sale. If you will share title, your rights and responsibilities to the title depend in large part on how the title was taken. Three ways to take title are described below.

1. Tenants in Common

Tenants in common means more than one owner exists, and each has an undivided interest in the property. That undivided interest, however, does not need to be equal. One owner can have 25% interest while the other has 75% interest. Each owner can convey or gift their interest in the property without the consent of the other owner. When an owner dies, their heirs take title to the decedent’s portion of the property.

2. Joint Tenants with the Right of Survivorship

Joint tenants with the right of survivorship means more than one owner exists, and each has an undivided and equal interest in the property. When one owner dies, their share automatically goes to the other owner. Because it is automatic, probate is avoided. 

3. Tenants by Entirety

Tenants by entirety is ownership available only to married couples. It acts the same way as joint tenants with the right of survivorship, i.e., when one spouse dies, the decedent’s interest automatically goes to the surviving spouse. Aside from not going to probate, there is another benefit. The surviving spouse’s interest in the property is protected from the decedent spouse’s creditors. 

Experienced Attorney for Warranty Deeds in Scottsboro and Jackson County

For help with a warranty deed, call DUNSMORE & BENSON at 256-574-9999 to schedule your free consultation.