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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.
Problems with Jointly Owned Property
Question: The husband and wife
have owned the family home as joint tenants with right of survivorship
for more than thirty years. Prior to his death the husband signs
a quit claim deed to his mistress. After his death the wife believes
that as the surviving joint tenant she owns the family home by herself.
The husband's mistress, however, claims an ownership interest in
the family home because of the quit claim deed from the husband.
Does the husband's mistress have an interest in the family home?
Answer: Yes. The general rule is that a joint tenant has
the right to convey or encumber the joint tenancy interest without
the consent or knowledge of any other joint tenant. This transfer,
however, terminates the joint tenancy. Therefore, the result above
is that, after the husband's death, the husband's mistress and the
wife own the family home as equal tenants in common.
Note: If the husband and wife owned the family home as community
property with right of survivorship, and not a joint tenants with
right of survivorship, the quit claim deed from the husband to his
mistress would have been ineffective inasmuch as community property
cannot be transferred or encumbered without the consent of both
the husband and the wife.
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