This form is a Warranty Deed where the grantor is an individual and the grantees are husband and wife taking the property as community property.
Mesa Arizona Community Property Warranty Deed - Individual to Husband and Wife
Category:
State:
Arizona
City:
Mesa
Control #:
AZ-020-78
Format:
Word;
Rich Text
Instant download
Description
Free preview
How to fill out Arizona Community Property Warranty Deed - Individual To Husband And Wife?
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FAQ
A joint tenancy is a concurrent property interest that permits two or more individuals or legal entities to hold title to real, personal, and intellectual property. Fundamentally, it is a way for two or more persons to be seized in property as if they were one person. Graham v. Allen, 11 Ariz.
Tenancy in Common: Two or more persons may hold title to real property as tenants in common. In Arizona, married couples must reject community property and specifically take title as tenants in common. Each owner has a distinct and proportionate interest without the right of survivorship.
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%).
If you are refinancing a loan or taking title to property you want to share with your spouse, make sure the deed reads after your name: Community Property with Right of Survivorship.
In Arizona, there are different ways to title property, including: A Joint Tenancy with Right of Survivorship involves two or more owners who each have an equal and undivided interest. If one owner dies, the surviving partners take the deceased owner's share in the property.
What is a joint tenancy? This is where 2 or more joint owners hold the whole of the property together and in equal shares. On the death of any one or more of the owners, those shares pass automatically to surviving joint tenants by something called the right of survivorship.
Include a legal description of the property as it appears on the current deed. Sign the deed in the presence of a witness and notary public. Only you need to sign the deed. Your wife's signature isn't necessary, because she isn't giving up any ownership rights.
The quitclaim deed would transfer title from the community or joint property to separate property. A quitclaim deed is legally binding. The transferring spouse eliminates his rights to the property after signing it.
States with tenancy by the entirety are: Alaska, Arkansas, Delaware, Florida, Hawaii, Illinois, Indiana, Kentucky, Maryland, Massachusetts, Michigan, Mississippi, Missouri, New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Tennessee, Vermont, Virginia, and Wyoming.
Obtain the Correct Deed Transfer Document. Obtain the correct deed transfer document.Enter Full Legal Names of All Parties.Fill Out the Costs.Enter the Legal Description.Sign in Front of Appropriate Witnesses.Obtain an Affidavit of Property Value.Record the Document at the Recorder's Office.