Maricopa Arizona Warranty Deed from two Individuals to Two Individuals as Tenants in Common

State:
Arizona
County:
Maricopa
Control #:
AZ-SDEED-8-1
Format:
Word; 
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Description

This form is a Warranty Deed where the grantors are two individuals and the grantees are two individuals holding title as tenants in common.

A Maricopa Arizona Warranty Deed from two individuals to two individuals as tenants in common is a legal document that facilitates the transfer of property ownership between four individuals. In this specific form of tenancy, each co-owner possesses an undivided interest in the property, and they have equal rights to use and enjoy the property. This type of warranty deed guarantees that the property being transferred is free of any encumbrances or title defects that could affect its ownership. The deed also includes warranties or promises made by the granters, ensuring that they have the lawful authority to transfer the property and that they will defend the title against any claims arising from previous ownership. There are two distinct variations of Maricopa Arizona Warranty Deed from two Individuals to Two Individuals as Tenants in Common that can be encountered: 1. General Warranty Deed: This type of warranty deed offers the highest level of protection to the new co-owners. It assures them that the granter will defend their rights to the property against any claims, even if the claim originated prior to the granter's ownership. 2. Special Warranty Deed: With a special warranty deed, the granter only warrants that they have not adversely affected the property's title during their period of ownership. It protects the new co-owners from any claims arising from the granter's actions, but not necessarily from claims preceding their ownership. It is crucial to understand that a warranty deed does not guarantee the physical condition of the property. Furthermore, it solely focuses on the title and ownership aspect. In summary, a Maricopa Arizona Warranty Deed from two individuals to two individuals as tenants in common safeguards the ownership rights of each co-owner and ensures a clear title for the property's transfer. With both general and special warranty deed options available, individuals can select the level of protection that suits their needs and preferences.

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FAQ

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.

Overview. A tenancy in common (TIC) is one of three types of concurrent estates (defined as an estate that has shared ownership, in which each owner owns a share of the property). The other two types are a joint tenancy and a tenancy by the entirety. A TIC typically has no right of survivorship.

In Tenancy in Common, the ownership portion passes to the individual's estate at death. In Joint Tenancy, the title of the property passes to the surviving owner. Some states set Joint Tenancy as the default property ownership for married couples, while others use the Tenancy in Common model.

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.

How to find out if you are Joint Tenants or Tenants in Common? Download your title deeds from the Land Registry and if there is a Form A restriction under Section B: Charges, then you are tenants in common. If the restriction isn't there then you are Joint Tenants.

Advantages To Tenancy In Common There's no right of survivorship. Co-tenant interests may be given away. Property interests may pass through a co-owner's Will. Shares in the property do not have to be equal.

If you are buying with your partner, Joint Tenancy may be the better option. Joint Tenancy ensures that, in the event one owner dies, their ownership of the property passes automatically to the other owner. This is called Right of Survivorship. This process also avoids probate and inheritance tax issues.

You can make this change without the other owners' agreement. A solicitor, conveyancer or legal executive can also make the application for you.

Arizona law recognizes four types of legal title to real property when it is owned by two or more persons: Tenants in Common, Joint Tenancy with Right of Survivorship, Community Property, and Community Property with Right of Survivorship. A.R.S. 33-431.

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.

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A tenant's in common interest can be sold or devised in a Will. Arizona landlordtenant law is landlord friendly in Arizona.County of Maricopa ss: Entity. Receive resources and updates from our expert team. Find the latest law news regarding family law, personal injury, business and more! In 2018, 65,694 eviction actions were filed in Maricopa County. Include your down payment and your share of legal fees, paperwork costs, property taxes and title insurance. Once You're In Escrow. Corporation in Warranty Deed recorded October 19, 2004 in Recording No. 20041221066, records of Maricopa County, Arizona, described as follows:. Restriction on employment or compensation of person as broker or salesperson .

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Maricopa Arizona Warranty Deed from two Individuals to Two Individuals as Tenants in Common