Understanding the Best Methods of Holding Title to Real Estate in Arizona

In Arizona, there are different methods for holding an ownership interest in real property. The following list offers short descriptions of the available options for property owners.

• Community Property with Right of Survivorship: This method allows the title to transfer automatically to the surviving spouse, thereby avoiding probate.

  
  

• Joint Tenancy with Right of Survivorship: The title shifts to the surviving joint tenants regardless of marital status. Married couples must explicitly choose this option.

  
  

• Tenancy in Common: Parties hold undivided interests without survivorship rights. Specific shares can be defined for each party.

  
  

• Trust (with a Trustee): Property is held by a trustee according to a written trust agreement, which requires disclosing the beneficiaries' names and addresses.

  
  

• Sole and Separate Property: Property owned before marriage or acquired as a gift is considered separate. A Disclaimer Deed from the spouse is required, disclaiming their community property interest.

  
  

• Corporation: Corporations can hold title as long as they are properly formed and in good standing.

  
  

• General Partnership: Registered partnerships can hold title, which is defined as co-ownership for profit.

  
  

• Limited Partnership: Limited partnerships can own property as long as they have at least one general partner and a filed certificate.

*Please note:  Arizona's Legal Document Preparer Program certifies individuals to assist with legal documents for those without an attorney. These preparers can offer general legal information but not legal advice.