Joint Tenancy Definition With The In Maricopa

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

Description

The document titled 'Agreement by Unmarried Individuals to Purchase and Hold Residence as Joint Tenants' establishes a legal framework for two unmarried individuals to own property as joint tenants with the right of survivorship in Maricopa. This means that each individual has an equal, undivided interest in the property, and upon the death of one tenant, the survivor automatically inherits the deceased tenant's share. The agreement outlines various responsibilities, including joint payment of property expenses, establishment of a joint checking account, and the conditions under which a tenant can sell their interest in the property. It also emphasizes the need for written consent before any party can mortgage or transfer their interest. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants, providing clear guidance for property ownership arrangements among unmarried individuals. They can utilize the form to ensure legal clarity, facilitate property management, and uphold the terms of joint ownership. By following the instructions regarding filling and modifying the form, users can effectively establish their rights and responsibilities, thus protecting their interests in jointly held 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

A deed is signed only by the grantor(s), not the grantee. A deed does not have to be recorded to be valid, but recording is very common. Bailey Law Firm advises clients on what deed is appropriate for their circumstance.

Documents recorded with the Maricopa County Recorder's Office are available and searchable through the Maricopa County Recorded Document Search. To locate a copy of your deed, search using your last name and first name. If you know when you recorded your document, you can use the dates to narrow your search.

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.

Online or in person to search online visit the record's office website use their public recordsMoreOnline or in person to search online visit the record's office website use their public records search tool you can search by document number recording date or party. Name.

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.

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.

Documents recorded with the Maricopa County Recorder's Office are available and searchable through the Maricopa County Recorded Document Search. To locate a copy of your deed, search using your last name and first name. If you know when you recorded your document, you can use the dates to narrow your search.

A grant or devise to a husband and wife may by express words vest the estate in the surviving spouse on the death of one of the spouses when expressly declared in the grant, transfer or devise to be an estate in community property with right of survivorship.

Joint tenants in common are usually referred to as JTIC, and it usually refers to property owned where rights of survivorship do not apply. It means that each individual owns a specific part of the property, and upon their passing, the other individuals will not have a right of survivorship to that specific portion.

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Joint Tenancy Definition With The In Maricopa