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

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Multi-State
Control #:
US-00414BG
Format:
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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FAQ

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%).

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, each owner, called a joint tenant, must own an equal share. Community property with right of survivorship. Arizona is a community property state, which means that spouses generally own all property acquired during the marriage jointly unless they take steps to keep it separate.

When a joint tenant dies, the right of survivorship means that the remaining joint tenants acquire the deceased joint tenant's ownership interest in the real estate. For example, if there were two joint tenants, each with a 50-percent share of the real estate, the surviving joint tenant becomes the sole owner.

The term "joint tenancy" refers to a legal arrangement in which two or more people own a property together, each with equal rights and obligations. Joint tenancies can be created by married and non-married couples, friends, relatives, and business associates.

Each joint tenant holds an equal and undivided interest in the estate, unity of interest. Each spouse holds an undivided one-half interest in the estate. Each tenant in common holds an undivided fractional interest in the estate.

The primary advantage of joint tenancy is it allows you to avoid probate of the property. Upon a joint tenant's death, the surviving joint tenant immediately owns the entire interest in the property and this takes place without any probate process.

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 other four states include Nevada, California, Wisconsin, and Texas.

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