Arizona Real Estate Law

by Christopher A. Combs

The following is for informational purposes only and is not intended as definitive legal or tax advice. You should not act upon this information without seeking independent legal counsel. If you desire legal, tax or other professional advice, please contact your attorney, tax advisor or other professional consultant.

Title Company Can Assist With the Transfer of Title Out of Joint Tenancy, After Death of Spouse

Question: For more than thirty years my husband and I owned our Chandler home as joint tenants with right of survivorship. My husband died last fall. How do I transfer the title to the home to my name only? Do I need to use a title company or an attorney?

Answer: A title company should be able to handle the transfer of the title to your name only. The documents necessary to be recorded include your husband’s death certificate, and your affidavit terminating the joint tenancy with right of survivorship. Note: In 1996 the Arizona legislature authorized a husband and wife to take title as community property with right of survivorship. The reason is that a husband and wife owning property as community property with right of survivorship has a tax advantage over ownership as joint tenants with right of survivorship. This tax advantage is that, upon a sale of the property after the death of the first spouse, the surviving spouse will generally pay less capital gain taxes if the property is owned as community property with right of survivorship. Therefore, if a husband and wife want the surviving spouse to own the property after the death of the first spouse, the property should be held as community property with right of survivorship, not joint tenants with right of survivorship. Only a husband and wife can own property as community property with right of survivorship.

Phoenix attorney Christopher A. Combs is a partner with the firm of Combs Law Group, P.C. Reprinted with permission. Copyright 2005, all rights reserved.

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• Seller Can't Refuse to Perform
• Homeowners Can Amend CC&Rs to Prohibit Residency to Registered Sex Offenders
• Only Environmental Hazards Must be Disclosed in Home that Manufactures and Possesses Drugs
• Disclosure of Sales Price Required by Law
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• Buyer has right to assign contract unless specifically prohibited in the contract
• CC&Rs restricting ownership by registered sex offenders probably enforceable
• Mortgage Loan Prepayment Penalties Legal and Enforceable
• No Tax Liability for Monetary Gift to Son
• Mediation Required for Earnest Money Dispute
• Quit Claim Deed is Sufficient to Transfer Property into Trust
• Husband and wife must sign personal guarantee
• Mutual Agreement to Sell Property is Required for Tenants-in-Common
• Due on Sale Clause Not Applicable with Transfers of Real Property to Children
• Handwritten language controls over boilerplate language
• Mediation Required for Earnest Money Dispute
• Consent from Mortgage Lender is Required for Removal of Name from Mortgage Loan
• Arizona Property Can be Transferred Into Out-of-State Revocable Living Trust
• Listing Daughter to Title of Real Property Not Recommended
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• Monthly Private Mortgage Insurance Payment is Not Tax-Deductible
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• Disclaimer Deed Needed from Spouse
• Buyer has until close of escrow to satisfy financing contingency
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• Removal of seller from home after closing
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• Criminal Abatement Must be Disclosed if Property Value Affected
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• Rentals on weekly basis are subject to Landlord-Tenant Act
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• Holding Title with Right of Survivorship
• Homebuilder Can Prohibit Independent Home Inspector
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• Death of seller does not excuse breach of contract
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