AL Bar Practice Questions - Alabama Bar Examination Exam

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A married couple owns their Alabama home. The husband, without the wife's signature, attempts to mortgage the property. Alabama recognizes a homestead right. What is the general effect of Alabama's homestead protection on a conveyance or mortgage of the homestead?

A spouse may unilaterally mortgage the homestead without restriction Homestead rights do not exist in Alabama A conveyance or mortgage of the homestead generally requires the voluntary signature and assent of both spouses to be valid as to the homestead The homestead may be mortgaged only by the wife

Correct Answer:

A conveyance or mortgage of the homestead generally requires the voluntary signature and assent of both spouses to be valid as to the homestead

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