COMMUNITY PROPERTY:

Arizona is a community property state. There is a statutory presumption that all property acquired by husband and wife is community property.  Community property is a method of co-ownership for married persons only.  Upon death of one of the spouses, the deceased spouse’s interest will pass by either a will or intestate succession. If you are going through a divorce, seek counsel. The Law firm of William A. Miller can refer you to a good family lawyer. For Real Estate or legal questions call Scottsdale Attorney Bill Miller with further questions at 602-319-6899

COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP:

The Law Firm of William A. Miller prefers this method of title for married couples. This is version of holding title between married persons that vests the title to real property in the surviving spouse when it is expressly declared in the Deed.  This vesting has the tax benefits of holding title as “community property” and the probate avoidance features of “survivorship rights”. Call Scottsdale Attorney Bill Miller with further questions at 602-319-6899

JOINT TENANTS WITH RIGHT OF SURVIVORSHIP:

Joint tenancy with right of survivorship is a method of co-ownership that gives title to the real property to the last survivor.  Title to real property can be acquired by two or more individuals either married or unmarried.  If a married couple acquires title as joint tenants with right of survivorship, they must specifically accept the joint tenancy to avoid the presumption of community property. Call Scottsdale Attorney Bill Miller with further questions at 602-319-6899

TENANTS IN COMMON:

A method of co-ownership where parties do not have survivorship rights and each owns a specific undivided interest in the entire title. This form of Arizona title leads to many lawsuits. Call Scottsdale Attorney Bill Miller with further questions at 602-319-6899

SOLE AND SEPARATE:

Real property owned by a spouse before marriage or any acquired after marriage by gift, descent or specific intent.  If a married person acquires title as sole and separate property, his/her spouse must execute a Disclaimer Deed. Call Scottsdale Attorney Bill Miller with further questions at 602-319-6899