Legal Question in Real Estate Law in Alabama

deed signatures

i inherited real property from my parents by deed in 1972, i gave my wife a warranty deed in fee simple to this property in 1986, her name is only name of owner on new deed, we are still married, selling some of this property now to our daughter and her husband, does my wife convey in her name only as married woman or do i have to sign with her although i have deeded it to her in 1986?


Asked on 10/12/06, 8:30 am

1 Answer from Attorneys
Norma Chaviers Norma M. Chaviers, LLC

Re: deed signatures

Whether or not you have to sign the deed depends on whether you and your wife live on the property or are merely holding it. If the property contains your homestead, then you will both have to sign the deed conveying to your daughter because you can't convey away your spouse's homestead rights, even if the spouse isn't on the original deed. If you and your wife do not live on the property, then your wife's signature is the only one needed on the deed.

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Answered on 10/16/06, 8:54 am


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