Alabama · Ala. Code §6-10-3Alabama homestead: both spouses must sign the deed or mortgage
No mortgage, deed or other conveyance of the homestead by a married person is valid without the voluntary signature and assent of the husband or wife, shown by the spouse's acknowledgment before an officer authorized to take acknowledgments and that officer's certificate, substantially in the individual acknowledgment form of §35-4-29 (Ala. Code §6-10-3). The rule applies even when only one spouse is on title: if the property is the seller's homestead, the non-owner spouse signs and acknowledges the deed.
The rules
1. Which documents (§6-10-3)
Any mortgage, deed or other conveyance of the homestead.
2. Who signs (§6-10-3)
The married owner and the other spouse, voluntarily.
3. How (§6-10-3)
Spouse's acknowledgment before an officer, with a certificate in the §35-4-29 form.
4. Without it (§6-10-3)
The conveyance isn't valid.
What the TC can do
- Ask the seller at listing whether they're married and whether the property is their home.
- Add the non-owner spouse as a signer on the deed and schedule both acknowledgments.
- Tell the title company early when a spouse is abroad or unavailable.
Questions about the Alabama spouse signature
Does a spouse who isn't on title have to sign an Alabama deed?
If the property is the married seller's homestead, yes – the conveyance isn't valid without the spouse's voluntary signature and acknowledged assent (Ala. Code §6-10-3).
Does the rule cover a mortgage on the homestead?
Yes, it covers any mortgage, deed or other conveyance of the homestead (Ala. Code §6-10-3).
Related guides
Add each spouse as a signer on the deal in ClosingCode and track both acknowledgments as tasks.
Start free trialSource: Code of Alabama §6-10-3 (alison.legislature.state.al.us, read October 28, 2026).
General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.