Warranty Deed from Husband and Wife to a Trust - Alabama 2026

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by entering the names of the Grantors (Husband and Wife) in the designated fields, ensuring accuracy for legal purposes.
  3. Next, input the name of the Grantee (Trustee) and the name of the trust, along with its date. This information is crucial for identifying ownership.
  4. Fill in the legal description of the property being conveyed. If you have an attachment labeled Exhibit A, ensure it is referenced correctly.
  5. Complete any prior instrument references if applicable, including Book, Page, and Document numbers from previous records.
  6. Both Grantors must sign and print their names at the bottom of the form. Ensure that both signatures are dated appropriately.
  7. Finally, have a Notary Public witness your signatures and complete their section to validate the deed.

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No, a warranty deed does not prove ownership. A title search is the best way to prove that a grantor rightfully owns a property. The warranty deed is a legal document that offers the buyer protection. In other words, the property title and warranty deed work in tandem together.
Warranty Deeds The most common type of deed used in real estate sales in Alabama is a warranty deed. They are so common because of the protection that they provide for the buyer. Essentially, warranty deeds guarantee that the party selling the property is the undisputed title holder of the property.
Document must contain an original signature or a certified copy from the court, certification must have an original clerks signature. To be effective, the deed must also include a valid legal description that identifies the property. The legal description should almost always come from the prior deed to the property.
A warranty deed ensures a buyer that the property is owned by the seller and can be sold without any encumbrances. A deed of trust is used in certain states and represents a buyers guarantee with their lender to repay the property loan as scheduled.
If a cohabiting couple with a Declaration of Trust gets married, the deed will be superseded by the Matrimonial Causes Act 1973. Among other things, this act dictates how a court can act in settling a divorce, including what powers the court has to determine how property owned by the married couple is managed.

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Disadvantages of Warranty Deeds Title companies will research the chain of deeds, past court judgments, and unpaid taxes before green-lighting the transfer. The grantor also remains on the hook long after the sale. If a forgotten lien surfaces, the buyer can pull the grantor into court for damages and legal fees.
Youll need to file a quit claim deed and a change of ownership form that transfers title from your name to the trust, said Banuelos. If you own several commercial investment properties, you might own each of the properties through an individual LLC to limit your liability.

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