Ala. Code
Code of Alabama

Ala. Code § 6-10-122 (2026)

How Made - Homestead.

✓ official Alabama Legislature (ALISON) text, current July 2026
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As to the homestead, the waiver must be by a separate instrument in writing, subscribed by the party making the same and attested by one witness. If such party is a married man, such waiver shall not be valid without the voluntary signature and assent of the wife and acknowledgment by her before an officer authorized to take acknowledgments in the form of the individual acknowledgment prescribed by this Code. If such party is a married woman, such waiver shall be executed only in the mode prescribed by Section 30-4-12 for the alienation of her lands.

(Code 1876, §§2847, 2848; Code 1886, §2569; Code 1896, §2106; Code 1907, §4233; Code 1923, §7962; Code 1940, T. 7, §708; Acts 1951, No. 84, p. 301.)

Notes of Decisions
Cited in 4 cases, 1986–1991 · leading case: Goodwin v. Goodwin, 592 So. 2d 212 (Ala. 1991).
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Goodwin v. Goodwin, 592 So. 2d 212 (Ala. 1991). · cites it 3× “" Thus, it is clear that one may waive one's right to assent to a conveyance of the homestead if the requirements of § 6-10-122 are met. Mrs. Goodwin argues that she did not waive her right to assent under § 6-10-3 by the separate, written, and attested antenuptial agreement.”
Thomas v. Southtrust Bank of Alabama, N.A. (In Re Thomas), 85 B.R. 608 (Bankr. N.D. Ala. 1988). “1986), erroneously stated that the Renfro decision rested upon Code of Alabama (1975) § 6-10-122, which requires a separate, witnessed or acknowledged instrument for the effective waiver of a homestead exemption from levy and sale on a writ of execution, it was the absence of an…”
In re Garrett, 77 B.R. 901 (Bankr. N.D. Ala. 1987). · cites it 4× “3 Section 6-10-122 requires that any waiver of the homestead exemption must be shown “by a separate instrument”, subscribed by the party making the waiver and attested by one witness.”
In Re Carroll, 67 B.R. 1020 (Bankr. N.D. Ala. 1986). “The contention is that § 6-10-122 3 requires that a waiver of a homestead exemption in Alabama “must be by a separate instrument in writing .”
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