How to Hold Title in Arizona

Community Property:  Arizona is a community property state.  There is a statutory presumption that all property acquired by husband and wife is common property and is equally owned by both spouses.  Property acquired prior to marriage is considered separate property (as is property received by either spouse as a gift or an inheritance).  

Community Property with the Right of Survivorship:  Method of ownership by a married couple that vests title in the surviving spouse upon the death of a spouse.

Joint Tenancy with the Right of Survivorship:  This method is defined as an equal and indivisible ownership interest by two or more people.  Survivorship means that upon the death of one of the individuals, his/her interest ceases and is passed to the remaining individuals.  It is important to note that one person's interest cannot be willed to his/her heirs.

Tenants in Common:  If property is held in this method, the interest of two or more individuals can be broken down into percentages and willed to his/her heirs.  The death of one individual does not transfer that person's interest to the surviving owners (unless specified by a will). 

Sole and Separate:  This is the method of ownership for a married individual who does not want his/her spouse to have a right to the property.  The person's spouse will need to sign a disclaimer deed waiving all rights and interests in the property before title can be vested.

Though there are many other methods, these five ways to hold title are the most common for individuals and married couples in Arizona.