This form is a Warranty Deed where a wife transfers property to herself and her husband.
Mesa Arizona Warranty Deed to Separate Property of one Spouse to both as Joint Tenants or as Community Property with Right of Survivorship
Category:
State:
Arizona
City:
Mesa
Control #:
AZ-SDEED-5
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Arizona Warranty Deed To Separate Property Of One Spouse To Both As Joint Tenants Or As Community Property With Right Of Survivorship?
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FAQ
What is Joint Tenancy? Joint tenancy is a form of co-ownership in which two or more persons, often husband and wife, own property in equal individual interests. Right of survivorship is the key feature of a joint tenancy.
A survivorship deed, or a joint tenancy with right of survivorship, is much more difficult to contest than a will bequeathing property to beneficiaries. However, one circumstance in which a survivorship might be successfully contested is when the document granting right of survivorship has not been properly drafted.
The most recognized form for a married couple is to own their home as Tenants by the Entirety. A tenancy by the entirety is ownership in real estate under the fictional assumption that a husband and wife are considered one person for legal purposes. This method of ownership conveys the property to them as one person.
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. The co-owners, or co-tenants, are commonly categorized as either joint tenants or tenants in common.
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.
Since they own the property equally, under a joint tenancy the split is always . The right of survivorship occurs on death of one of the owners, and their interest in the property automatically gets transferred to the remaining surviving owners.
Joint Tenancy Has Some Disadvantages They include: Control Issues. Since every owner has a co-equal share of the asset, any decision must be mutual. You might not be able to sell or mortgage a home if your co-owner does not agree. Creditor Issues.
Joint Tenancy With Survivorship In this arrangement, tenants have an equal right to the account's assets. They are also afforded survivorship rights in the event of the death of another account holder. In simple terms, it means that when one partner or spouse dies, the other receives all of the money or property.
Community Property with Right of Survivorship is co-ownership by married persons providing for the surviving spouse to retain full title after the death of the other spouse. Allows for a stepped-up tax basis for Capital Gains Taxes to a surviving spouse.