Home/Alabama/Statutes/Title 6: Civil Practice/Ch. 10: Exemptions/Art. 3: Waiver of Right to Exemptions/§ 6-10-122
Alabama Statutes

§ 6-10-122 — How Made - Homestead

Alabama·Title 6 Civil Practice·Ch. 10 Exemptions·Art. 3 Waiver of Right to Exemptions
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.

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Legislative History

(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.)

Nearby Sections

15
§ 6-1-1
Practice and Procedure in Certain Courts Not Affected by Repeal, Etc., of Prior Statutes; Rules of Supreme Court Not Affected by Adoption of Code
§ 6-1-2
Effect of Rules of Supreme Court of Alabama
§ 6-1-3
Rules for Expedited Civil Actions Under Certain Circumstances
§ 6-10-1
Law Governing Exemptions and Claims
§ 6-10-10
County and Municipal Property
§ 6-10-100
Proceedings to Set Apart Exemptions When Administration Not Granted on Decedent’s Estate Within 60 Days After Death - Generally
§ 6-10-101
Proceedings to Set Apart Exemptions When Administration Not Granted on Decedent’s Estate Within 60 Days After Death - Vesting of Title to Real Property in Surviving Spouse and Minors and Right to Possession Thereof
§ 6-10-102
Effect of Removal from Homestead
§ 6-10-103
Commissioners - Qualifications; Oath
§ 6-10-104
Commissioners - Compensation
§ 6-10-105
Recordation of Judgments Allotting Homestead Exemptions; Fee Therefor
§ 6-10-106
Proceedings to Set Aside Exemptions When Husband, Wife, or Parent Absent Seven Years and Residence Not Ascertainable - Generally
§ 6-10-107
Proceedings to Set Aside Exemptions When Husband, Wife or Parent Absent Seven Years and Residence Not Ascertainable - Vesting for Life of Title to Property in Deserted Spouse or Minors
§ 6-10-11
Exemptions in Federal Bankruptcy
§ 6-10-12
Adjustments to Exemption Values
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