De Kalb County Interspousal Transfer Grant Deed Form (Alabama)

All De Kalb County specific forms and documents listed below are included in your immediate download package:

Interspousal Transfer Grant Deed Form

De Kalb County Interspousal Transfer Grant Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included De Kalb County compliant document last validated/updated 10/18/2024

Interspousal Transfer Grant Deed Guide

De Kalb County Interspousal Transfer Grant Deed Guide

Line by line guide explaining every blank on the form.
Included De Kalb County compliant document last validated/updated 10/28/2024

Completed Example of an Interspousal Transfer Grant Deed Document

De Kalb County Completed Example of an Interspousal Transfer Grant Deed Document

Example of a properly completed form for reference.
Included De Kalb County compliant document last validated/updated 10/25/2024

When using these Interspousal Transfer Grant Deed forms, the subject real estate must be physically located in De Kalb County. The executed documents should then be recorded in the following office:

De Kalb Probate Office

County Courthouse - 300 Grand Ave SW, Suite 100, Fort Payne, Alabama 35967

Hours: 8:00 to 4:00 Monday through Friday

Phone: (256) 845-8510 or 8513

Local jurisdictions located in De Kalb County include:

  • Collinsville
  • Crossville
  • Dawson
  • Fort Payne
  • Fyffe
  • Geraldine
  • Groveoak
  • Henagar
  • Ider
  • Mentone
  • Rainsville
  • Sylvania
  • Valley Head

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the De Kalb County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in De Kalb County using our eRecording service.
Are these forms guaranteed to be recordable in De Kalb County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by De Kalb County including margin requirements, content requirements, font and font size requirements.

Can the Interspousal Transfer Grant Deed forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in De Kalb County that you need to transfer you would only need to order our forms once for all of your properties in De Kalb County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Alabama or De Kalb County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our De Kalb County Interspousal Transfer Grant Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

An interspousal transfer grant deed is a legal document used by a married couple who owns real property together to voluntarily transfer one spouse's interest in the property to the other [1]. A grant deed guarantees that the grantor (owner) has a present interest in the property, and formalizes the transfer of that interest to the grantee (the recipient). It also guarantees that the property is not encumbered by any undisclosed liens or restrictions, which in turn means that there are no legal claims to the title by third parties. Depending on the circumstance, the transfer of property is either contractual, by gift, or a change in legal title.

This type of deed is most commonly used during a divorce, where one spouse is awarded sole ownership of the property. In some cases, an interspousal transfer grant deed can be filed when a couple would like to refinance their home, and one spouse has poor credit. Sometimes, lenders will ask one spouse to file this type of deed removing him or herself as an owner if the other is borrowing money so that the former cannot claim any of the recovered debt from a foreclosure sale.

No matter the circumstance or the instrument chosen to execute the transfer, the spouse transferring his or her interest in the property waives all legal rights to it. Since the property is no longer jointly owned by the couple, it is imperative that the spouses or former spouses have a trusting relationship. Most of the time, the property is exempt from being refinanced, which can be a perk of making interspousal transfers. But there may be some risk involved, especially if the relationship between the spouses is strained. For example, during a divorce, if one spouse transfers his or her interest in the property to the other, and the property is exempt from refinancing, the spouse who no longer holds interest in the property may still be held liable for mortgage payments because the spouse was a co-signer of the loan [2]. The spouse who no longer holds interest can be held accountable by a judge for paying fifty percent of the mortgage for a property he or she no longer owns.

A lawful interspousal transfer grant deed includes the grantor's full name and marital status, as well as the grantee's full name, marital status, mailing address, and vesting. Vesting describes how the grantee holds title to the property. For Alabama residential property, the primary methods for holding title in co-ownership are tenancy in common and joint tenancy. The right of survivorship is not presumed in Alabama, and must be specified in the form of the deed (Ala. Code 1975, 35-4-7).

As with any conveyance of real estate, an interspousal transfer grant deed requires a complete legal description of the parcel. In Alabama, if the legal description references a plat, the plat should be attached to the deed, or the deed should describe the plat book and office in which it can be found (35-4-74). Recite the source of title to establish a clear chain of title, and detail any restrictions associated with the property.

Guarantees and responsibilities must be stated in the deed as well. These guarantees indicate that the grantor owns the property free and clear of encumbrances, and the seller assumes the responsibility for settling any future claims. If there is a time limit on the guarantees, it must also be incorporated in the deed. The finished copy of the deed must be duly signed by the parties and notarized according to law.

All transfers of real property in Alabama are subject to a transfer tax. Instruments will not be accepted for recording until the tax is paid (40-22-1.). A Real Estate Sales Validation Form (Form RT-1) must be signed by the grantor, grantee, owner or agent, and requires the total purchase price, the actual value, or the assessor's market value of the property (40-22-1.). In the case of a non-resident transfer, include a Non-Resident Withholding Form under (40-18-86.).

Record the original completed deed, along with any additional materials, in the recording division of the probate office of the county where the property is located. Include all relevant documents, affidavits, forms, and fees with the along with the deed for recording. Contact the same office to verify which additional materials are necessary, as well as the accepted forms of payment.
In some cases, there is no exchange of consideration when the property is transferred using an interspousal transfer grant deed. The federal government may identify such transfers as gifts, and which are potentially subject to the federal gift tax. The transfer of property from a spouse or former spouse isn't subject to gift tax if it meets any of the following exceptions: It is made in settlement of marital support rights, it qualifies for the marital deduction, it is made under a divorce decree, or it is made under a written agreement, and the couple is divorced within a specified period. If the transfer of property doesn't qualify for an exemption, or only qualifies in part, report that the transfer is subject to gift tax on IRS Form 709 [2], [3].

This article is provided for informational purposes only and is not a substitute for the advice of an attorney. Contact a lawyer with any questions about interspousal transfer grant deeds or other issues related to the transfer of real property. For questions regarding federal and state taxation laws, consult a tax specialist.

[1] https://www.boe.ca.gov/proptaxes/pdf/ah401.pdf
[2] http://thelawdictionary.org/article/quitclaim-deed-impact-ownership-mortgage-and-bankruptcy/
[3] https://taxmap.ntis.gov/taxmap/pubs/p504-005.htm#en_us_publink1000176059

(Alabama Interspousal Transfer Grant Deed Package includes form, guidelines, and completed example)

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The documents you receive here will meet, or exceed, the De Kalb County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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Get your De Kalb County Interspousal Transfer Grant Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

4.8 out of 5 - ( 4434 Reviews )

James S.

November 21st, 2024

Forms used, created quitclaim deed that the county accepted without a second look (turns out they see deeds.com forms regularly via erecording and in person). Will be back for any real estate related forms I need and they carry. Will always be my first stop. Also, will use erecording next time, mad I didn't see it this time.

Reply from Staff

Thanks for the kind words James, glad we could help. Look forward to seeing you again.

Thomas G.

November 21st, 2024

Wasn’t what I expected

Reply from Staff

Sorry to hear that your expectations were missed. Your order has been canceled. We do hope that you find something more suitable to your expectations elsewhere. Do keep in mind that purchasing legal forms should not be an exploratory endeavor.

Jimmy P.

November 20th, 2024

They sent me everything I would need to do this. Easy purchase -Easy download. Great!! I'll be back here for all my document needs.

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Lisa B.

July 15th, 2021

Very helpful and fast.

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Jenifer L.

January 2nd, 2019

I'm an attorney. I see youve mixed up the terms "grantor" and "grantee" and their respective rights in this version. Anyone using it like this might have title troubles down the line.

Reply from Staff

Thank you for your feedback Jenifer, we have flagged the document for review.

Sandra R.

June 2nd, 2023

This site was easy to use for access to State forms for filing in Montmorency County clerks office. Not only did I find claim form but a sample claim was available for assisting on how to complete your form correctly. Found this so very useful for us (public resident) to fill in the form as a .PDF file that prints out typed form - rather than handwritten entries. There is a fee but your access is always available on internet to this site in the future. Saved me time using this site and My filed form looks professional. You have access to several other forms if needed.

Reply from Staff

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Maxine P.

August 24th, 2020

This is so amazing and I truly thank you for what I needed for my documents. This is a great company and will take care of what you needs.

Reply from Staff

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Kenneth-Wayne L.

August 20th, 2020

1) I was very pleased when the staff mentioned your service since the three referenced on the Recorder's website all wanted HUGE Account set-up and maintenance fees AND BIG fees per recording, and yours has no set-up fee AND nominal per-recording fee; 2) My (few) recordings will be NON-LAND Related, summary or entire record(s) of Administrative (Procedures Act) records, Other than the Border width and Cover Sheet, do you anticipate any other special requirements for such recording(s)? NOTE: I just sent one by Snail Mail, and they just informed me that due to the GERMIPHOBIA 'Pandemic' the ONLY open and record Snail Mail ONCE A MONTH On the first of each chmonth!

Reply from Staff

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Victor K.

January 27th, 2023

The form I needed was correct and paginated as required. It was accepted w/o penalties. I was not happy about the information which I found way too scant. One sample form does not cover enough possibilities, more would be helpful. The instruction page is a bit better but sometimes it is not clear enough - sometimes it is not clear what the numbered items in the form correspond to. There is no guidance about the process and it would take very little to provide it. Example about "description", say where to find. There is a bunch of "free forms" attached but no guide on which are needed and when. Example: at the counter I was given a paper "conveyance" form and asked to fill it - I did not know it was needed and what it did and so I had not d

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Patricia W.

October 1st, 2020

The technology and service was excellent. The content was too limited. I was seeking to find out about 61b deeds on the property and that was not provided.

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Mary Ann H.

May 13th, 2020

Great service! Good documents. Easy to use! Thank you!

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Tisha J.

November 10th, 2021

A quick and efficient way to record! Awesome customer service and SUPER FAST turnaround time.!

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Valerie T.

June 4th, 2019

it was very helpful.

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Wendling D.

August 15th, 2019

Good

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Rochelle C.

July 8th, 2020

Very prompt service. Thank you.

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