Joint Tenancy Definition With Spouse In Phoenix

State:
Multi-State
City:
Phoenix
Control #:
US-00414BG
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Word; 
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Description

Co ownership of real property can be in the following forms:



" Tenancy in common, in which the interest of each owner may be transferred or inherited;


" Joint tenancy, in which the tenants each have a right of survivorship;


" Tenants by the entirety, in which a husband and wife own property and have a right of survivorship; or


" Community property, which applies in some States to property acquired during the period of a marriage.


The phrase joint tenancy refers to a method of ownership by which one person mutually holds legal title to property with other persons in such a way that when one of the joint owners dies his share automatically passes to the surviving joint owners by operation of law.


Traditionally, when two or more people own real property together, they hold it as tenants in common. Owning real property as joint tenants with full rights of survivorship has, in the past, been usually been limited to married couples or other close kinship. However, there is no reason that single unmarried people cannot own property in a joint tenancy arrangement.

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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
  • Preview Agreement by Unmarried Individuals to Purchase and Hold Residence as Joint Tenants

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FAQ

In Arizona, property law is governed by ARS Title 33. Joint tenancy with right of survivorship is covered in ARS 33-431. When real property is owned by multiple people, property law refers to it as a concurrent estate.

Joint tenancy is most common among married couples because it helps property owners avoid probate. Without joint tenancy, a spouse would have to wait for their partner's Last Will to go through a legal review process—which can take months or even years.

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.

Further tenancy in common allows parties to hold unequal shares of property interest. Joint tenancy requires each co-owner to hold equal shares of property. Further, co-owners must transfer the deed at the same time. In this sense, joint tenancy is rigid compared to tenancy in common.

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.

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.

In Arizona, tenancy in common is the default classification for married couples seeking joint ownership. The property can be divided evenly, or the owners can control differing shares if needs be (e.g. two business partners own 25% each, and the third owns 50%).

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Joint Tenancy Definition With Spouse In Phoenix