Joint Tenancy Definition With Example In Maricopa

State:
Multi-State
County:
Maricopa
Control #:
US-00414BG
Format:
Word; 
Rich Text
Instant download

Description

Joint tenancy is a legal arrangement where two or more individuals own property together, providing equal rights in the property, along with the right of survivorship. In Maricopa, this means that if one owner dies, their share automatically passes to the surviving owner(s) without going through probate. For example, if two unmarried individuals purchase a house as joint tenants, each owns an undivided one-half interest in the property. This form, 'Agreement by Unmarried Individuals to Purchase and Hold Residence as Joint Tenants', outlines the obligations and rights of the parties, such as sharing expenses and specifying how to handle potential sales or transfers of interest in the property. Key features include the requirement for joint checking accounts to manage shared expenses and the stipulation that neither party can sell or encumber their interest without consent. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants who need clarity on property ownership terms and conditions. It streamlines the process of co-owning property by establishing clear guidelines and responsibilities, minimizing disputes, and facilitating equitable management of shared property.
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  • Preview Agreement by Unmarried Individuals to Purchase and Hold Residence as Joint Tenants
  • Preview Agreement by Unmarried Individuals to Purchase and Hold Residence as Joint Tenants

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FAQ

The Affidavit is used only to transfer title of a deceased person's real property, including a debt secured by a lien on real property.

The state of Arizona is a community property state. Property law in Arizona falls under ARS Title 33 of the Arizona Revised Statutes, and joint tenancy with the right of survivorship is under ARS Title 33-431 of the same Statutes.

A Valuation Notice is a document prepared by the Assessor's Office which informs a property owner of the value the Assessor has placed on their property utilizing a mass appraisal approach.

The key difference is in post-mortem property sale taxation. Joint tenancy triggers capital gains tax on property sales after a spouse's death. CPWROS exempts it. Additionally, joint tenancy is open to anyone, while community property is usually for married couples.

An Affidavit of Affixture changes the status of a manufactured/mobile home from personal property to real property. In order to affix a manufactured/mobile home an Affidavit of Affixture must be filed in the county where the manufactured/mobile home is located. Department of Revenue Form 82528.

A joint tenancy is severed by (a) mortgage or creation of a deed of trust, (b) transfer to a revocable or irrevocable trust, (c) contract to convey the property, or (d) destruction of one or more of the four unities; and the result is the failure of the right of survivorship. In re the Estate of Estelle, 122 Ariz.

You can find out what type of joint ownership you have by checking documents such as a: property transfer. property lease. trust deed, also known as a 'declaration of trust' (a document stating an owner's share in a jointly owned property)

This means that all co-owners have the same percentage of ownership. For example, in a joint tenancy with two individuals, each joint tenant would have a 50% interest. In a joint tenancy with three individuals, each joint tenant would have a 33.33% interest, and so on.

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Joint Tenancy Definition With Example In Maricopa