Key Takeaways
- Arizona is a community property state where property acquired during marriage is owned equally by both spouses
- Arizona recognizes joint tenancy with right of survivorship (must be expressly stated)
- Community property with right of survivorship is available as a form of ownership for married couples
- Arizona uses the deed of trust as the primary security instrument for mortgages
- Foreclosures are typically non-judicial through trustee sale, which is faster than judicial foreclosure
Last updated: January 2026
Arizona Property Ownership and Rights
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Arizona has specific rules for property ownership, particularly for married couples.
Community Property State
Arizona is one of 9 community property states. This means:
| Property Type | Ownership |
|---|---|
| Acquired during marriage | Owned equally by both spouses |
| Separate property | Owned by one spouse individually |
| Commingled property | May become community |
Community Property Rules
Property acquired during marriage is community property unless:
- It was a gift to one spouse
- It was inherited by one spouse
- It was owned before marriage (separate property)
- The parties agreed it is separate
Both Spouses Must Sign
For community property:
- Both spouses must sign to sell or encumber
- This applies even if only one name is on title
- Protects non-titled spouse's interest
Types of Ownership
Sole Ownership
One person owns the property:
- Full control
- Passes through probate at death
Tenancy in Common
Multiple owners with:
- Separate, undivided interests
- Can be unequal shares
- No right of survivorship
- Each share passes through owner's estate
Joint Tenancy with Right of Survivorship
Multiple owners with:
- Equal shares
- Right of survivorship (surviving owners get deceased owner's share)
- Must be expressly stated in the deed
- Avoids probate
Arizona Rule: To create joint tenancy, the deed must expressly state "with right of survivorship."
Community Property with Right of Survivorship
Special form for married couples combining:
- Community property rules
- Right of survivorship
- Must be expressly created
- Avoids probate
| Feature | Regular Community | CPWROS |
|---|---|---|
| Equal ownership | Yes | Yes |
| Both must sign | Yes | Yes |
| Survivorship | No | Yes |
| Probate | Required | Avoided |
Deed of Trust
Arizona uses the deed of trust as the primary security instrument:
| Party | Role |
|---|---|
| Trustor | Borrower (gives deed) |
| Trustee | Neutral party (holds deed) |
| Beneficiary | Lender (receives payments) |
Power of Sale
The deed of trust includes a power of sale clause allowing:
- Non-judicial foreclosure
- Trustee sale if borrower defaults
- Faster than court foreclosure
Foreclosure
Non-Judicial Foreclosure (Trustee Sale)
Most common in Arizona:
- No court involvement
- Faster process (about 90 days)
- Trustee conducts sale
- Buyer gets trustee's deed
Judicial Foreclosure
Less common:
- Court supervised
- Longer process
- Deficiency judgment possible
- Used for some circumstances
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Test Your Knowledge
Arizona is a community property state. What does this mean?
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Test Your Knowledge
What type of foreclosure is most common in Arizona?
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