Code of Alabama
Ala. Code § 35-4-73 (2026)
Recitation of Marital Status of Grantor or Vendor Required; Probate Judge Not Liable for Good Faith Error; False Recitation a Misdemeanor.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) No deed, contract, or other conveyance of land or any interest therein, whether legal or equitable, shall be accepted for record by the probate judge unless it contains a recitation of the marital status of an individual grantor or vendor; provided, that this section shall apply only to instruments executed subsequent to July 21, 1972.
(b) A probate judge shall not be liable in damages or for a penalty for an error or mistake in the performance of his duties under this section if committed in good faith.
(c) Any person who knowingly makes a false recitation, as provided in subsection (a) of this section, shall be guilty of a misdemeanor.
(Acts 1971, 3rd Ex. Sess., No. 172, p. 4422.)
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 1985–2022 · leading case: Matos v. Gwinnett Bank & Trust Co. (In Re Matos), 50 B.R. 742 (N.D. Ala. 1985).
Matos v. Gwinnett Bank & Trust Co. (In Re Matos), 50 B.R. 742 (N.D. Ala. 1985). “Section 35-4-73 forbids a probate judge from recording an instrument unless it contains a recitation of the marital status of the grantor.”
Leo v. Deutsche Bank Nat'l Trust Co. (Bankr. N.D. Ala. 2022). “11), the 2004 Mortgage did not mention Dortha’s marital status as required by Ala. Code § 35-4-73 (a), (b) (1975), which provides: No deed, contract, or other conveyance of land or any interest therein, whether legal or equitable, shall be accepted for record by the probate…”
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