Tenancies in Alabama

Tenancy by the Entirety

Tenants by Entirety & Community Property not recognized.

Joint Tenants 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

Tenancy in Common

Tenants in common, is recognized and presumed absent statement of survivorship