Joint Tenancy For Unmarried Couples In Pima
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Answer: If unmarried: Arizona does not recognize “common law” marriage (A.R.S. 25-111), so there are no formal legal rules for the division of property when an unmarried couple breaks up, regardless of whether or not they lived together.
If they were married, they would likely receive spousal maintenance and attorney fees. Arizona is a community property state, as well. However, the rules in Arizona differ greatly from Washington. An unmarried couple that is splitting up in Arizona has no rights to one another's property.
Perhaps the most common way for unmarried couples to take title to real property is as "tenants in common." Unlike a joint tenancy, a tenant in common has no automatic right to inherit the property when the other partner dies.
Because unmarried cohabitation does not create a marital estate in Arizona, community property principles do not apply when unmarried couples separate. Instead, all property acquired by either party before or during the relationship is considered separate property belonging solely to the person who acquired it.
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.
Arizona, however, does not recognize new common law marriages, and the state has never recognized it in the past. That means that if you and your partner have lived together for a decade in Arizona, you aren't considered married unless you fulfill a marriage license or have an official wedding ceremony.
By the law in Arizona, if a woman has a child out of wedlock, the mother automatically becomes the sole legal custodian until paternity is established or the court determines the custodial parent. Until that time, the mother has the right to make arrangements for the child without consulting the biological father.
In Arizona, domestic partnerships do not offer the same legal rights as marriage. But partners can still secure certain legal protections through various agreements. These agreements can cover joint property ownership, health care directives, and powers of attorney, ensuring some security.