Difference between revisions of "Tenancies in Alabama"
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Latest revision as of 17:43, 15 July 2018
Contents
Overview
Tenancy by the Entirety
Tenants by Entirety & Community Property not recognized.
Creation Language
N/A.
Joint Tenancy with Right of Survivorship
Joint Tenancy with Right of Survivorship is recognized in Alabama, but must be express on face of deed. Alabama Code 35-4-7
Caution: Some Alabama form deeds have the survivorship language in the body of the form, so it may not appear immediately after the "typed in" grantee name.
Judgment liens against one joint tenant "attaches" to the undivided interest in the joint tenancy. However, a judgment lien alone does not sever a joint tenancy with the right of survivorship; only an executed judgment against a joint tenant will sever the joint tenancy. So if the debtor joint tenant dies before the judgment is executed upon, the lien ceases. Ex parte Arvest Bank Ala S.Ct. 2016
Creation Language
Tenancy in Common
Tenants in common, is recognized and presumed absent statement of survivorship
