Warranty Deed for Husband and Wife Converting Property from Tenants in Common to Joint Tenancy - 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 as this identifies who is transferring the property.
  3. Next, fill in the names of the Grantees who will receive the property as joint tenants. This section is crucial for establishing ownership rights.
  4. Provide a detailed legal description of the property being conveyed. If you have an Exhibit A, attach it accordingly.
  5. Indicate whether the property is part of the homestead by checking the appropriate box and ensure both Grantors sign where indicated.
  6. Finally, complete the notary section at the end of the document, which requires signatures and dates to validate your deed.

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While most married couples opt for joint tenancy due to its straightforward inheritance rules, tenancy in common can offer greater flexibility, especially for older couples concerned about estate planning and bequests.
How to apply Fill in a new or updated trust deed - a conveyancer can help you do this. Download and fill in the form to cancel a restriction, if one has been registered. Prepare any supporting documents you need to include. Send the form and documents to HM Land Registrys Citizen Centre. Theres no fee.
Alabama Code 35-4-7 states that in the event it is stated in the instrument creating such tenancy that such tenancy is with right of survivorship or other words used therein showing such intention, then, upon the death of one joint tenant, his interest shall pass to the surviving joint tenant or tenants according to
Change from tenants in common to joint tenants You need the agreement of all the other joint owners to change from being tenants in common to joint tenants. A solicitor, conveyancer or legal executive can help you check what type of joint ownership you have if youre unsure.
A property being held in joint tenancy can be converted to a tenancy-in-common. However, in severing a joint tenancy you can only convert it to a tenancy-in-common if the shares are equally divided.

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If your co-owner is married, there is a risk of the property being subject to divorce proceedings. With something like a bank account, there is the risk that the co-owner could go on a spending spree and drain the account. In some situations, creating a joint ownership can also create gift tax or income tax problems.
You dont always need a lawyer to write a warranty deed. If no money is being exchanged, you can use a property deed service. If youre selling a property, however, its a smart move to contact a lawyer, escrow company, or title company.

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