Marengo County Interspousal Transfer Grant Deed Form (Alabama)
All Marengo County specific forms and documents listed below are included in your immediate download package:
Interspousal Transfer Grant Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Marengo County compliant document last validated/updated 11/25/2024
Interspousal Transfer Grant Deed Guide
Line by line guide explaining every blank on the form.
Included Marengo County compliant document last validated/updated 10/28/2024
Completed Example of an Interspousal Transfer Grant Deed Document
Example of a properly completed form for reference.
Included Marengo County compliant document last validated/updated 12/2/2024
The following Alabama and Marengo County supplemental forms are included as a courtesy with your order:
When using these Interspousal Transfer Grant Deed forms, the subject real estate must be physically located in Marengo County. The executed documents should then be recorded in the following office:
Marengo Probate Office
County Courthouse - 101 E Coats Ave / PO Box 480668, Linden, Alabama 36748
Hours: 8:00 to 4:30 M-F
Phone: (334) 295-2210
Local jurisdictions located in Marengo County include:
- Demopolis
- Dixons Mills
- Faunsdale
- Gallion
- Jefferson
- Linden
- Magnolia
- Myrtlewood
- Nanafalia
- Sweet Water
- Thomaston
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 Marengo 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 Marengo County using our eRecording service.
Are these forms guaranteed to be recordable in Marengo County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Marengo 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 Marengo County that you need to transfer you would only need to order our forms once for all of your properties in Marengo County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Alabama or Marengo 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 Marengo 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)
Our Promise
The documents you receive here will meet, or exceed, the Marengo County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Marengo 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 - ( 4448 Reviews )
Dorothy N.
December 22nd, 2024
The mortgage and note were thorough and very satisfactory for my purposes. The accompanying forms were excellent. I am very pleased with my purchase.
We welcome your positive feedback and are thrilled to have met your expectations. Thank you for choosing our services.
Edward E.
December 22nd, 2024
Easy to use.
Your feedback is valuable to us and helps us improve. Thank you for sharing your thoughts!
MARISSA G.
December 22nd, 2024
I recomemed this webside
Thank you for your feedback. We really appreciate it. Have a great day!
Raymond C.
June 8th, 2021
Fast and relaible service every time. I wouldn't use any other service. I love deeds.com
Thank you for your feedback. We really appreciate it. Have a great day!
April C.
June 24th, 2020
Great service fast and patience great team their staff kvh was very great part of team .I need it filed the same day .
I will recommend them to others
Thank you for your feedback. We really appreciate it. Have a great day!
KIMTIEN L.
April 5th, 2022
VERY GOOD INFORMATION ESPECIALLY FOR ME WHO IS IN CALIFORNIA AND OWN PROPERTY IN FLORIDA.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
ALEX A.
June 30th, 2020
Yes I appreciate your services everything so far looking good this shows the facts the reasons most of all format I enjoy it I hopefully I can use it for some other legal forms also for Fry's Baker's fraud title fraud I'm interested in a lot of services that will provide me with a preferences of a fraud situations on mortgage security loans but other than that the services are awesome and I appreciate it appreciate your services and I'll keep on using it and thanks again thumbs up
Thank you!
Gillian G.
July 4th, 2021
Looks good and provides lots of instruction.
Thank you!
Joseph B.
September 8th, 2022
All very good
Thank you!
Mark S.
January 31st, 2021
Excellent service, quick and very efficient!
Thanks for your great service!
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
John V.
June 17th, 2020
getting the proper forms was easy--filling them out, not so much
Thank you!
Lawrence R.
February 4th, 2020
Forms do not allow enough space for fields and cutoff. Need to expand the fields to allow for more writing. I ended up re-typing to be able to include full property description.
Would be nice if available in Word format rather than only PDF format.
Thank you for your feedback. We really appreciate it. Have a great day!
Bernadette W.
April 11th, 2022
It was very easy to use the website. I wish there was an option to pay for multiple documents at once instead of having to pay for each one individually.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Sheryl L.
December 1st, 2021
EZ to use program....was able to print all forms ordered. I expect to go back to to use recording ability. Instructions are easily followed...would be nice to have confirmation included but they are available to purchase. Hope for successful recording of TOD affidavit. Pretty good value...attorney quoted well over the price I paid for package.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Gertrude H.
October 1st, 2019
I used this form and guide a couple years ago and found it helpful and easy to fill out. Had good results at the Recorder's Office. Would recommend Deeds.com.
Thank you for your feedback. We really appreciate it. Have a great day!