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Like joint tenancy, community property with the right of survivorship also grants the surviving spouse full ownership of the property. Arizona is one of only five states that have community property with the right of survivorship laws.
The Disadvantages of Joint Tenancy: Restricted Ownership. Unexpected Rigidity in Ownership. Unity of Title Rule: This complex rule requires that each joint tenant must own the same precise title since each owns an undivided interest.
What Is Joint Tenancy? Joint tenancy is a legal term for an arrangement that defines the ownership interests and rights among two or more co-owners of real property. In a joint tenancy, two or more people own property together, each with equal rights and responsibilities.
In Arizona, married couples must reject community property and specifically take title as tenants in common. Each owner has a distinct and proportionate interest without the right of survivorship.
In Arizona, married couples must reject community property and specifically take title as tenants in common. Each owner has a distinct and proportionate interest without the right of survivorship.
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Arizona law defines sole and separate property as property acquired prior to the date of marriage, after the date of service in a divorce, gifts to one spouse, one spouses inheritance, and pain and suffering damages. This sounds like a simple distinction, but sometimes the issue becomes more complicated.
If you hold the property as joint tenants, both of you will own the whole of the property. You will not each have a quantified share in the property and will not be able to leave a share of the property in your will. If you sell your home, the sale proceeds will be split 50:50.
If the tenancy is periodic, any one of the joint tenants can serve a notice to quit (NTQ) ending the tenancy for everyone. Once a valid notice expires, none of the joint tenants has a right to occupy the property. This can leave the remaining joint tenants in a vulnerable position.
In Arizona, you can take title as Community Property, Community Property with Right of Survivorship, Joint Tenants with Right of Survivorship, Tenants in Common, Sole and Separate, Single, Unmarried, Trust, and Corporations/Partnerships/Limited Liability Company.
Arizona law recognizes four types of legal title to real property when it is owned by two or more persons: Tenants in Common, Joint Tenancy with Right of Survivorship, Community Property, and Community Property with Right of Survivorship. A.R.S. 33-431.

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