A. Except as otherwise provided in this section, all grants and devises of real property made to two or more persons create estates in common and not in joint tenancy, except grants or devises in trust, or to executors, or to husband and wife.
B. A grant or devise to two or more persons may by express words vest the estate in the survivor on the death of a grantee or devisee when expressly declared in the grant, transfer or devise to be a joint tenancy with right of survivorship. An estate in joint tenancy with right of survivorship may also be created by grant or transfer from a sole owner to himself and others, or from two or more owners to themselves or to one or more of them and others.
C. A grant or devise to a husband and wife may by express words vest the estate in the surviving spouse on the death of one of the spouses when expressly declared in the grant, transfer or devise to be an estate in community property with right of survivorship. An estate in community property with right of survivorship may also be created by grant or transfer from a husband and wife, when holding title as community property or otherwise, to themselves or from either husband or wife to both husband and wife.
D. In the case of real property owned by a husband and wife as community property with right of survivorship, the right of survivorship is extinguished as provided in section 14-2804 or on the recordation in the office of the recorder of the county or counties where the real property is located an affidavit entitled "affidavit terminating right of survivorship" executed by either spouse under oath that sets forth a stated intent by the spouse to terminate the survivorship right, a description of the instrument by which the right of survivorship was created including the date the instrument was recorded and the county recorder's book and page or instrument reference number and the legal description of the real property affected by the affidavit. The recordation shall not extinguish the community interest of either spouse.
E. In the case of real property owned as joint tenants with right of survivorship, the right of survivorship is extinguished as provided in section 14-2804 or on the recordation in the office of the recorder of the county or counties where the real property is located an affidavit entitled "affidavit terminating right of survivorship" executed by any joint tenant under oath that sets forth a stated intent by that joint tenant to terminate the survivorship right, a description of the instrument by which the right of survivorship was created including the date the instrument was recorded and the county recorder's book and page or instrument reference number and the legal description of the real property affected by the affidavit. If there are more than two joint tenants, the recordation of the affidavit shall extinguish only the joint tenancy and survivorship right of the person who executes the affidavit, and the joint tenancy and survivorship right shall continue among all remaining joint tenants who have not executed an affidavit of termination.
F. With respect to a deceased joint tenant, the termination or extinguishment by death of that tenant's joint tenancy with right of survivorship may be evidenced by the recordation of both of the following items in the office of the recorder of the county or counties where the real property is located:
1. An affidavit executed by one or more of the surviving joint tenants that includes the name of the deceased joint tenant, the date of death of the deceased joint tenant, a description of the instrument by which the right of survivorship was created including the date the instrument was recorded and the county recorder's book and page or instrument reference number, the legal description of the real property affected by the affidavit, and the cause of death of the deceased joint tenant.
2. An attached death certificate of the deceased joint tenant.
Notes of Decisions
Cited in
10
cases (
4 in the last 5 years), 1966–2023 · leading case:
Smith v. Tang, 412 P.2d 697 (Ariz. 1966).
Smith v. Tang, 412 P.2d 697 (Ariz. 1966).
· cites it 4× “There is no question that the conveyance of one joint tenant to a stranger severs the joint tenancy. For parties to hold property in joint tenancy there must be present the unities of time, title, interest and possession.”
Darryl F. Bryant, Sr. v. Darryl F. Bryant, Jr., 522 S.W.3d 392 (Tenn. 2017).
“11 These statutes specifically address the severability of a joint tenancy: Ariz. Rev. Stat. Ann. § 33-431 (E) (2014) (indicating that the right of survivorship may be terminated by filing an “affidavit terminating right of survivorship”); Cal.”
Brant v. Hargrove, 632 P.2d 978 (Ariz. Ct. App. 1981).
· cites it 2× “This is a question of the first impression in Arizona, and requires an examination of the fundamental nature of the joint tenancy relationship.”
Bostwick v. Jasin, 821 P.2d 282 (Ariz. Ct. App. 1991).
· cites it 4× “EFFECT OF DEED As Charles correctly observes, listing the grantees on the deed as Hazel Bostwick or Barbara Jasin created a tenancy in common pursuant to A.R.S. § 33-431(A). No survivorship rights were created because no express words to that effect were used.”
Keelan v. Keelan (Ariz. Ct. App. 2023).
· cites it 10× “¶11 In February 2022, after the trial concluded but before the court issued the Decree, Husband severed the joint tenancy of the Palomino residence by recording an affidavit terminating right of survivorship under A.R.S. § 33-431(E), changing the parties’ shared ownership of the…”
Sesma v. Marquez (Ariz. Ct. App. 2022).
· cites it 7× “See A.R.S. § 33-431(A). ¶12 Neither the language of § 33-431(B) nor the cases on which Sesma relies require a grantee to accept joint tenancy in writing to create a valid joint tenancy.”
Parmeley v. Carr (Ariz. Ct. App. 2020).
· cites it 4× “See A.R.S. § 33-431(B); In re Estelle’s Estate, 122 Ariz.”
McPhaul v. McPhaul (Ariz. Ct. App. 2023).
· cites it 2× “A.R.S. § 33-431(A)–(B). Although “a residence which is separate property does not change its character because it is used as a family home and mortgage payments are made from community funds,” that circumstance may entitle the community to an equitable lien on the property.”
Burger v. Waldren (Ariz. Ct. App. 2023).
· cites it 2× “A.R.S. § 33-431. The record clearly establishes that the property was Burger’s separate property.”
— Ariz. Rev. Stat. § 33-431(A) — 3 cases
Bostwick v. Jasin, 821 P.2d 282 (Ariz. Ct. App. 1991).
“EFFECT OF DEED As Charles correctly observes, listing the grantees on the deed as Hazel Bostwick or Barbara Jasin created a tenancy in common pursuant to A.R.S. § 33-431(A). No survivorship rights were created because no express words to that effect were used.”
Sesma v. Marquez (Ariz. Ct. App. 2022).
“See A.R.S. § 33-431(A). ¶12 Neither the language of § 33-431(B) nor the cases on which Sesma relies require a grantee to accept joint tenancy in writing to create a valid joint tenancy.”
McPhaul v. McPhaul (Ariz. Ct. App. 2023).
“A.R.S. § 33-431(A)–(B). Although “a residence which is separate property does not change its character because it is used as a family home and mortgage payments are made from community funds,” that circumstance may entitle the community to an equitable lien on the property.”
— Ariz. Rev. Stat. § 33-431(B) — 3 cases
Bostwick v. Jasin, 821 P.2d 282 (Ariz. Ct. App. 1991).
“EFFECT OF DEED As Charles correctly observes, listing the grantees on the deed as Hazel Bostwick or Barbara Jasin created a tenancy in common pursuant to A.R.S. § 33-431(A). No survivorship rights were created because no express words to that effect were used.”
Parmeley v. Carr (Ariz. Ct. App. 2020).
“See A.R.S. § 33-431(B); In re Estelle’s Estate, 122 Ariz.”
Sesma v. Marquez (Ariz. Ct. App. 2022).
“See A.R.S. § 33-431(A). ¶12 Neither the language of § 33-431(B) nor the cases on which Sesma relies require a grantee to accept joint tenancy in writing to create a valid joint tenancy.”
— Ariz. Rev. Stat. § 33-431(E) — 2 cases
Keelan v. Keelan (Ariz. Ct. App. 2023).
“¶11 In February 2022, after the trial concluded but before the court issued the Decree, Husband severed the joint tenancy of the Palomino residence by recording an affidavit terminating right of survivorship under A.R.S. § 33-431(E), changing the parties’ shared ownership of the…”
Sesma v. Marquez (Ariz. Ct. App. 2022).
“See A.R.S. § 33-431(A). ¶12 Neither the language of § 33-431(B) nor the cases on which Sesma relies require a grantee to accept joint tenancy in writing to create a valid joint tenancy.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.