Category: Arizona
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Swindlers Beware: Texas Makes Its Move to Head Off “Dirty Deeds”
They call it the dirty deeds law. Recorders of Texas deeds may, as of July 2023, card people who show up to file home deed transfers. Meanwhile, in Arizona, a swindler sold an ill-gotten deed to the Zillow® real estate company. Texas is lowering the boom. The state will now have its deed recorders verify…
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House Gift: Transferring Your Arizona or Florida Home Through a Gift Deed
Using a gift deed, you can transfer your home to a new owner. The transfer of a gift deed occurs among friends and relatives, or between donors and charities. The giver of the gift deed, formally known as a grantor or donor, conveys the home to the recipient or donee while the donor is alive.…
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Transfers of Condominium Units in Arizona
The Arizona Condominium Act is codified at ARS 33-1201, et seq. A condominium is a piece of real estate, portions (units) of which are reserved for separate ownership, with the remainder designated for common ownership, solely by owners of the separate units (33-1202(10)). The condominium must first be created by a declaration, which designates the…
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Arizona Beneficiary Deeds and the Right of Survivorship
Arizona’s beneficiary deeds are governed by A.R.S. § 33-405. Beneficiary deeds are estate planning instruments that allow owners of Arizona real estate to retain absolute control over their property, with the freedom to use, modify, or sell the land at will. When lawfully executed and recorded, beneficiary deeds convey a potential future “interest in real…
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How to Remove a Deceased Joint Tenant from an Arizona Real Estate Deed
The process of removing a deceased joint tenant from an Arizona deed is fairly simple. When two or more property owners hold title as joint tenants with right of survivorship, and one of those co-owners dies, the surviving owners share the decedent’s interest in the land by function of law, and without the need for…
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Removing a Deceased Community Property Owner’s Name from an Arizona Real Estate Deed
Arizona law allows married couples to hold title to real estate as community property with right of survivorship (A.R.S. 33-431). With this type of ownership, the property becomes a shared marital asset. If one spouse dies, the other gains full rights to the title automatically, by function of law.
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Property Transfers using a Beneficiary Deed in Arizona
The Arizona Beneficiary Deed, governed by Arizona Revised Statutes 33-405, is a useful estate planning tool. It gives owners/grantors of Arizona real estate the ability to initiate, but not complete, the transfer process to a designated beneficiary while retaining absolute control in the property. This means the owner (grantor) may sell, rent, mortgage or otherwise…
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Community Property with Right of Survivorship in Arizona
Like many western states, Arizona allows legally married couples to own real estate as community property, with or without rights of survivorship. The rules and definitions are set forth at Section 33-431 of the Arizona Revised Statutes. Under this form of ownership, both spouses hold undivided shares of the whole, and when one spouse dies,…