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.

Consent By Joint Tenant Not Needed to Convey Property

Question: My husband and I owned a summer cabin in the White Mountains for more than twenty years. Due to my heart condition and problems with the high altitude, I eventually spent less and less time at the cabin during the summers. My husband continued to spend time at the cabin during the summers because he loved to fish. Last month my husband passed away, and I have been trying to settle his affairs. I soon discovered that my husband had signed a Quit Claim Deed to the cabin to a female bartender with whom he had apparently been having an affair. I was shocked! When I contacted a lawyer, however, the lawyer said that this female bartender and I now owned the cabin together. How can this female bartender own the cabin with me? Did I not I have to consent or at least have knowledge that this bartender got this Quit Claim Deed from my husband?

Answer: If you purchased the cabin more than twenty years ago, you probably purchased the cabin as joint tenants with right of survivorship. Both you and your husband, as joint tenants, had the right to convey your interest in the cabin to a third party, without the consent or even knowledge of the other joint tenant. Therefore, you and the female bartender probably own the cabin now as tenants in common. Note: In the late 1990's the Arizona legislature authorized a husband and wife to also own real property and other property as community property with right of survivorship. In addition to the tax advantages of ownership of a property by a husband and wife as community property with right of survivorship, no interest in the property can be deeded to a third party without both the husband and the wife signing the deed.

Phoenix attorney Christopher A. Combs is a partner with the firm of Combs Law Group, P.C. Reprinted with permission. Copyright 2006, all rights reserved.

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• Both Signatures Required to Sell Community Property with Right of Survivorship Property
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• Homeowners Can Amend CC&Rs to Prohibit Residency to Registered Sex Offenders
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• Mediation Required for Earnest Money Dispute
• Quit Claim Deed is Sufficient to Transfer Property into Trust
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• Mutual Agreement to Sell Property is Required for Tenants-in-Common
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• Mediation Required for Earnest Money Dispute
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• 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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• Removal of seller from home after closing
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• Rentals on weekly basis are subject to Landlord-Tenant Act
• Neighbor is Responsible for Watering Damage
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• Holding Title with Right of Survivorship
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