There’s something deeply grounding about having a place to call home; somewhere filled with shared memories, plans, and quiet mornings. For many LGBTQIA+ couples and families in Alabama, homeownership represents more than bricks and mortar. It’s safety. It’s stability.
When legal protections are unclear or when only one partner’s name is on the title, those feelings of security can be ripped away. That’s why understanding the role of a quitclaim deed is so important. It’s a simple legal tool that can offer powerful peace of mind.
💡 What Is a Quitclaim Deed?
A quitclaim deed is a legal document used to transfer ownership interest in real estate from one person to another. It’s often used between people who know and trust each other. like partners, spouses, or family members, because it does not guarantee that the title is free of other claims. Instead, it simply says, “Whatever interest I have in this property, I now transfer to you.”
In LGBTQIA+ relationships, especially when only one partner originally bought the home, a quitclaim deed can be used to add the other partner to the title, establishing joint ownership and protecting both parties’ rights to the property.
🌈 Why LGBTQIA+ Couples Might Use a Quitclaim Deed
There are several reasons an LGBTQIA+ individual or couple in Alabama might want to use a quitclaim deed:
- Unmarried couples buying or sharing a home
- One partner purchased the home before the relationship began, but shares it with the other partner now.
- Adding a spouse to the title after marriage
- Transferring property into joint ownership for estate planning or probate avoidance
- Resolving property questions after a breakup or divorce
For example, let’s say Sam purchased a home five years ago. When Alex moved in and they built a life together, only Sam was listed on the title. If something happened to Sam, Alex could be left without a legal claim to the property, unless a quitclaim deed had been used to add Alex’s name to the title.
In this way, a quitclaim deed acts as a gesture of trust, respect, and commitment and as a smart legal move.
🛠 How It Works: The Process of Filing a Quitclaim Deed
The process of transferring interest through a quitclaim deed in Alabama is fairly straightforward, but it’s still important to do it right. Here’s a general overview:
- Draft the Quitclaim Deed – The document must include specific legal language and identify both the grantor (the person giving up ownership) and the grantee (the person receiving it).
- Sign in Front of a Notary – Alabama requires the deed to be signed in the presence of a notary public for it to be valid.
- File the Deed with the County Probate Office – Once notarized, the deed must be filed with the probate court in the county where the property is located. Filing fees may apply.
- Retain Copies for Records – Keep a certified copy for your records and provide one to your mortgage holder if applicable.
⚠️ A Few Important Things to Know
Before moving forward with a quitclaim deed, there are some key things to consider:
- It doesn’t affect the mortgage. Even if ownership is transferred, the original loan holder remains financially responsible unless refinanced.
- It doesn’t guarantee ownership is clear. Unlike a warranty deed, a quitclaim deed doesn’t confirm that there are no other claims or liens on the property.
- It’s legally binding. Once filed, the deed can’t be reversed without another legal transaction.
This is why it’s always a good idea to consult a knowledgeable estate planning attorney to make sure the transfer works with your broader goals like estate planning, asset protection, or preparing for life changes down the road.
🛡 Quitclaim Deeds and Estate Planning
If you’re part of an LGBTQIA+ family, estate planning and homeownership often go hand in hand. A quitclaim deed can be part of a larger plan that ensures your loved ones are protected, especially if you’re not legally married or have children from prior relationships.
We often work with clients to combine quitclaim deeds with other legal tools like wills, trusts, and powers of attorney to create a comprehensive safety net for their home and their families. Love builds the house. Legal protection keeps it standing.
Whether you’re sharing a home, planning your future, or just want to know your rights, we’re ready to sit down and walk you through your options with warmth, professionalism, and unwavering support.
✅ Quitclaim Deed Checklist for LGBTQIA+ Couples
Here’s a quick summary to keep in your back pocket:
- Review your current title and ownership status
- Confirm shared ownership intentions with your partner or spouse
- Draft a legally valid quitclaim deed (we can help!)
- Sign the deed in front of a notary
- File with the county probate office where the property is located
- Keep certified copies for personal records and your mortgage lender
- Consider how this fits into your estate plan or future property goals