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What Forms of Ownership Are Available to Property Owners in AZ?

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    Estate in Common

    • The default form of property ownership is an estate in common. Unless a grant deed specifically states otherwise, the state of Arizona defaults to community property law to decide how to divide the estate in case of divorce or death of a person who has died without a will. In community property states, the rights of one owner does not take away the rights of another owner.

    Joint Tenancy with Right of Survivorship

    • A grant deed of joint tenancy with right of survivorship must specifically state the words "joint tenancy with right of survivorship." If one owner dies, title vests, or is owned, by the other owner automatically and without need of court determination.

    Estate in Community Property with Right of Survivorship

    • Estate in community property with right of survivorship is used mostly to vest title and deed between married persons. Though the default for Arizona is community property, the verbiage on this grant deed is typically used for a husband and wife only. Right of survivorship means just that -- one spouse will get the property in case the other dies. The community property law still prevails, even if the right of survivorship is extinguished.

    Trust Deeds

    • A trust deed is conveyed by the court in the event that a property is foreclosed on or on taken away by the state for failure to pay property taxes or other reasons. This type of deed does not give the state or mortgage lender actual ownership rights to the property, but it does authorize them to take the property and sell it to satisfy delinquent debts.

    How to Vest Title in Arizona

    • Title is vested in Arizona by the recording or filing of a grant or title deed. These grant deeds are found in the records of the county in which the physical property is located. In Arizona and all of its counties, these government entities are called recorder's offices.

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