Michelle Miller

Sales Associate

michelle.miller@bhhsaz.com

office  |  480.466.2984

mobile  |  480.466.2984

fax  |  480.505.6306

PROFESSIONAL ACCREDITATIONS

Luxury Collection Specialist

e-PRO®

Certified Negotiation Expert (CNE®)

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Ways to Take Title in Arizona


You are buying a new home - hooray! While there are many details when buying a home, one important one to deciding is how you will hold the title to the property.


In Arizona there are four different ways to record the title and you should know the difference. Every state will offer different options but you'll likely see some similarities.


Community Property

  • It requires a valid marriage between two people.

  • Each spouse holds an undivided one-half interest in the estate

  • One spouse cannot partition the property by selling their half

  • Both parties (spouses) must sign to convey or encumber

  • Each spouse can devise (will) one-half of the community property

  • Upon death the estate of the decedent must be "cleared" through probate, affidavit, or adjudication.

Joint Tenancy with Right of Survivorship

  • Parties need not be married, there may be more than two joint tenants

  • Each joint tenant holds an equal and undivided interest in the estate, unity of interest

  • One joint tenant can partition the property by selling his or her joint interest

  • Requires signatures of all joint tenants to convey or encumber the whole

  • No court action required to "clear" title upon the death of joint tenant(s)

Community Property with Right of Survivorship

  • Requires a valid marriage between two persons

  • Each spouse holds an undivided one-half interest in the estate

  • One spouse cannot partition the property by selling his or her interest

  • Requires signatures of both spouses to convey or encumber

  • Estate passes to surviving spouse outside of probate

  • No court action required to "clear" title upon the first death

Tenancy in Common

  • Parties need not be married; there may be more than two tenants in common

  • Each tenant in common holds an undivided fractional interest in the estate. The interest held by each can be disproportionate.

  • Each tenant's share can be conveyed, mortgaged, or devised to a third party.

  • Requires signatures of all tenants to convey or encumber the whole.

  • Upon death the estate of the decedent must be "cleared" through probate, affidavit or adjudication.


Your lender and the escrow officer will need to know how you want to take title early in the process, to make sure that all documents are named properly. Try to notify your lender (if applicable) and escrow officer as early as possible.


If you have questions on the best way to take the title, depending on your personal circumstance, I recommend you discuss it with your escrow officer. They will review the pros and cons for your personal situation.


Information provided by First American Title


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