Should both spouses be on the deed?

In California, all property bought during the marriage with income that was earned during the marriage is deemed "community property." The law implies that both spouses own this property equally, regardless of which name is on the title deed.

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Arizona Community Property Warranty Deed - Individual to Husband and...

Arizona Community Property Agreement Form

Name: Arizona Community Property Agreement Form
Brand: US Legal Forms
Rating: 4.84 (231 reviews)

Category:

Arizona Real Estate - Deeds - Warranty

State:

Arizona

Control #:

AZ-020-78

Format:

Instant download

Description

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.

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How to fill out Arizona Community Property Agreement Form?

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FAQ

The easiest way to grant your spouse title to your home is via a quitclaim deed (Californians generally use an interspousal grant deed). With a quitclaim deed, you can name your spouse as the property's joint owner. The quitclaim deed must include the property's description, including its boundary lines.

If you live in a common-law state, you can keep your spouse's name off the title the document that says who owns the property.You can put your spouse on the title without putting them on the mortgage; this would mean that they share ownership of the home but aren't legally responsible for making mortgage payments.

A Married Man/Woman, as His/Her Sole and Separate Property: When a married man or woman wishes to acquire title as their sole and separate property, the spouse must consent and relinquish all right, title and interest in the property by deed or other written agreement.

Joint Tenancy Two or more people, including spouses, may hold title to their jointly owned real estate as joint tenants. There is a so-called right of survivorship, which means that when one dies, the property automatically transfers to the survivor without the necessity of probating the estate.

In California, all property bought during the marriage with income that was earned during the marriage is deemed "community property." The law implies that both spouses own this property equally, regardless of which name is on the title deed.

Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. When executed and notarized, the quitclaim deed legally overrides the current deed to your home. By filing the quitclaim deed, you can add someone to the title of your home, in effect transferring a share of ownership.

If you've recently married and already own a home or other real estate, you may want to add your new spouse to the deed for your property so the two of you own it jointly. To add a spouse to a deed, all you have to do is literally fill out, sign and record a new deed in your county recorder's office.

Enter your name in the "prepared by" space. List yourself as the grantor, as you're the party giving up your interest. Name yourself and your wife as the grantees. List your current primary residence in any spaces that request the grantor's address.

A In order to make your partner a joint owner you will need to add his name at the Land Registry, for which there is a fee of £280 (assuming you transfer half the house to him). You won't, however, have to pay capital gains tax, as gifts between civil partners (and spouses) are tax free.

More info

What is community property for Arizona purposes? We counsel our clients on the advisability and effect of prenuptial or postnuptial agreement.Find out how marital property (and debt) is divided in an Arizona divorce case. Separate Property. 18. Separation Agreements. 19. A community property agreement is an agreement between spouses or domestic partners to characterize all of their property as community property. They also have equal power to obligate the marital community. There IS an agreement as to division of separate property and debt; all separate property and debt is divided pursuant to this Decree. 16.

Arizona Community Property Agreement Form

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FAQ

How do I add my wife's name to the deed of my house?

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