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Joint Tenants in Arizona For non-spouses, Arizona recognizes joint tenancy with right of survivorship as a common form of joint ownership. This form allows multiple people or entities to own a title interest to the property, and comes with various rights and responsibilities.
Arizona is a community property state, which means that all property acquired by either spouse during the marriage is considered to be jointly owned. Upon a divorce, it will be divided approximately equally.
Arizona Partition Actions File in superior court in the county in which the property is located; Identify the names and residences of each of the known owners, Identify everyone? s known ownership interests and claims; and. Include a description of the property, and it's estimated value.
A joint tenancy carries with it a right of survivorship. This means that upon a joint tenant's death, the deceased joint tenant's interest in the property held in joint tenancy vests in his or her surviving joint tenant(s), automatically by operation of law.
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.
Upon the death of one spouse, every asset that is community property is divided in half. One half of the property is retained by the surviving spouse and the other half is passed down to the heirs of the deceased spouse, either by will or trust or by intestacy.
For spouses: Assets in JTWROS accounts may get a step-up on cost basis when either spouse passes away. This can help reduce capital gains taxes when selling a property, but you can only step-up half of the full value of the asset. This 50% step-up represents the portion owned by the joint owner who died.
Arizona inheritance laws specify that a decedent's property passes to their spouse and/or descendants. Qualifying descendants could include: Children, including adopted children or ones conceived before marriage. Grandchildren and great-grandchildren.