Joint Tenancy Definition With Example In Arizona

State:
Multi-State
Control #:
US-00414BG
Format:
Word; 
Rich Text
Instant download

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.

Free preview
  • Form preview
  • Form preview
  • Form preview

Form popularity

FAQ

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.

Joint tenancy is most common among married couples because it helps property owners avoid probate. Without joint tenancy, a spouse would have to wait for their partner's Last Will to go through a legal review process—which can take months or even years.

For example, if two unmarried partners make equal contributions toward purchasing a inium and they choose to hold title as joint tenants, the surviving joint tenant will automatically become the sole and separate owner of the inium after the first joint tenant dies.

Joint tenancy is most common among married couples because it helps property owners avoid probate. Without joint tenancy, a spouse would have to wait for their partner's Last Will to go through a legal review process—which can take months or even years.

In the context of joint tenancy, typically four unities are required for its valid creation: Unity of Possession, Unity of Interest, Unity of Time, and Unity of Title, collectively referred to as the 'four unities' in property law. However, one example of a 'unity' that is not required is the Unity of Marriage.

Further tenancy in common allows parties to hold unequal shares of property interest. Joint tenancy requires each co-owner to hold equal shares of property. Further, co-owners must transfer the deed at the same time. In this sense, joint tenancy is rigid compared to tenancy in common.

More info

In Arizona, tenancy in common is the default classification for married couples seeking joint ownership. For example, if a parent holds property in joint tenancy with an adult child, and the parent paid for that property, the entire value of the property is.Joint tenancy falls under the umbrella of joint ownership when more than one person owns a share in a piece of real estate. A joint tenancy is a form of concurrent ownership where each co-tenant owns an undivided share of the property just as in a tenancy in common. While joint tenancy requires equal shares of ownership, tenants in common may own differing shares (e.g. Joint tenancy is a legal arrangement in which two or more people own a property together, each with equal rights and obligations. In a joint tenancy, you and your spouse, business partner, or other joint tenant own equal shares of the property. If you make someone else a joint tenant of property that you now own yourself, you give up half ownership of the property. That means you effectively lose control of half the property.

Trusted and secure by over 3 million people of the world’s leading companies

Joint Tenancy Definition With Example In Arizona