Code of Alabama
Ala. Code § 6-10-3 (2026)
Homestead Exemption - Alienation by Married Person.
✓ official Alabama Legislature (ALISON) text, current July 2026
No mortgage, deed or other conveyance of the homestead by a married person shall be valid without the voluntary signature and assent of the husband or wife, which must be shown by his or her examination before an officer authorized by law to take acknowledgments of deeds, and the certificate of such officer upon, or attached to, such mortgage, deed, or other conveyance, which certificate must be substantially in the form of acknowledgment for individuals prescribed by Section 35-4-29.
(Code 1876, §2822; Code 1886, §2508; Code 1896, §2034; Code 1907, §4161; Code 1923, §7883; Acts 1931, No. 116, p. 183; Code 1940, T. 7, §626; Acts 1951, No. 83, p. 300.)
Notes of Decisions
Cited in 23
cases (4 in the last 5 years), 1979–2023 · leading case: Frazier v. CitiFinancial Corp., LLC, 604 F.3d 1313 (11th Cir. 2010).
Frazier v. CitiFinancial Corp., LLC, 604 F.3d 1313 (11th Cir. 2010). “Along with their amended complaint, the Fraziers filed a “Motion for Summary Judgment in Response to CitiFinancial Corporation, LLC’s Motion to Compel Arbitration and Stay Proceedings and Memorandum in Support Thereof’ asserting, inter alia, that the mortgage was invalid under…”
Hines v. Scottsboro Inv. Grp., LLC (In re Hines), 564 B.R. 736 (Bankr. N.D. Ala. 2017). “Whether Ala. Code § 6-10-3 applies to involuntary conveyances, and more specifically whether the Debt- or’s wife must sign a deed assenting to the Defendant’s execution against the Debtor’s one-half interest in the homestead property.”
Goodwin v. Goodwin, 592 So. 2d 212 (Ala. 1991). “She contended in her complaint that the deeds were given without her assent and were therefore void under Ala.Code 1975, § 6-10-3. The trial court held that Mrs.”
Sims v. Cox, 611 So. 2d 339 (Ala. 1992). “The wife's daughter and the husband's administrator opposed each other in court, the daughter seeking to uphold the deed and the administrator seeking to have it voided pursuant to § 6-10-3. The trial court held for the administrator.”
Nelson v. Est. of Nelson, 53 So. 3d 922 (Ala. Civ. App. 2010). “The court further noted that, although the prenuptial agreement at issue specifically referenced the wife’s rights pursuant to § 43-8-72, that agreement did not mention Ala.Code 1975, § 6-10-3. Id. For those reasons, the supreme court concluded that the wife was entitled to…”
Folmar v. Empire Fire & Marine Ins. Co., 856 So. 2d 807 (Ala. 2003). “NOTES [1] Section 6-10-3, Ala.Code 1975, states, in pertinent part: "No mortgage, deed or other conveyance of the homestead by a married person shall be valid without the voluntary signature and assent of the husband or wife.”
Terry v. Pielach, 681 So. 2d 152 (Ala. Civ. App. 1995). “Terry alleged that the conveyance violated Ala.Code 1975, § 6-10-3. Following ore tenus proceedings, the trial court ruled *153 that the conveyance was valid and that Mrs.”
Brown v. First Fed. Bank, 95 So. 3d 803 (Ala. Civ. App. 2012). “See § 6-10-3, Ala.Code 1975, and Sims v. Cox, 611 So.”
In re Cassity, 281 B.R. 365 (Bankr. S.D. Ala. 2001). “Ala. Code § 6-10-3 (Michie 1993). Section 6-10-3 does not make the interest of the spouse a seizable interest.”
In re Garrett, 77 B.R. 901 (Bankr. N.D. Ala. 1987). “Section 6-10-3 requires that for an alienation of a married persons homestead interest to be valid, the assent of the husband or wife must be shown by a voluntary signature, duly acknowledged, “upon or attached to” the relevant instrument/s.”
Thomas v. Southtrust Bank of Alabama, N.A. (In Re Thomas), 85 B.R. 608 (Bankr. N.D. Ala. 1988). “1984), it was established that a mobile home which remained personalty but was occupied as the owner’s home was subject to the Alabama statutory requirement, in Code of Alabama (1975) § 6-10-3, that the alienation of a married person’s homestead is void without "the voluntary…”
Inman v. Goodson, 394 So. 2d 915 (Ala. 1981). “Code 1975, § 6-10-3 states: No mortgage, deed or other conveyance of the homestead by a married person shall be valid without the voluntary signature and assent of the husband or wife, which must be shown by his or her examination before an officer authorized by law to take…”
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