This form is a Warranty Deed where separate or joint property is converted to a joint tenancy holding.
Alabama Warranty Deed for Separate or Joint Property to Joint Tenancy
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State:
Alabama
Control #:
AL-SDEED-4
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Word;
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FAQ
A statutory warranty deed is a legal document used to transfer real property.This type of deed guarantees that the grantor holds full and clear title to the property and will compensate the buyer should any claims emerge against the title in the future.
Survivorship rights take precedence over any contrary terms in a person's will because property subject to rights of survivorship is not legally part of their estate at death and so cannot be distributed through a will.
For example, joint tenants must all take title simultaneously from the same deed while tenants in common can come into ownership at different times. Another difference is that joint tenants all own equal shares of the property, proportionate to the number of joint tenants involved.
In title law, when we talk about tenants, we're talking about people who own property.When joint tenants have right of survivorship, it means that the property shares of one co-tenant are transferred directly to the surviving co-tenant (or co-tenants) upon their death.
The Alabama statutory warranty deed form provides a limited warranty of title. With a statutory warranty deed, the person transferring the property guarantees that he or she has done nothing that would cause title problems, but makes no guarantees about what might have happened before he or she acquired the property.
With a Survivorship Deed in place, when one of the parties in a joint tenancy dies, the other party (or parties) takes over the deceased party's interest in the property instead of it passing to the deceased's heirs or beneficiaries.
A warranty deed guarantees that: The grantor is the rightful owner of the property and has the legal right to transfer the title.The title would withstand third-party claims to ownership of the property. The grantor will do anything to ensure the grantee's title to the property.
A joint tenant can indeed sever the right of survivorship WITHOUT the consent of the other joint tenants.In order to sever the right of survivorship, a tenant must only record a new deed showing that his or her interest in the title is now held in a Tenancy-in-Common or as Community Property.
What Is the Difference Between a Warranty Deed & a Survivorship Deed?A warranty deed is the most comprehensive and provides the most guarantees. Survivorship isn't so much a deed as a title. It's a way to co-own property where, upon the death of one owner, ownership automatically passes to the survivor.