Ways to take Title

Buyer Resources/Closing Details

Ways to Take Title

Choosing how you hold title.

How you hold title, called “vesting,” affects who can sell the home, what happens if an owner passes away, and potential taxes. Here’s how the most common options in Arizona compare.

Common Vesting Options Compared

	Tenancy in Common	Joint Tenancy w/ Survivorship	Community Property	Community Property w/ Survivorship
Parties	Two or more persons	Two or more people	Married spouses	Married spouses
Division	Any shares, equal or unequal	Must be equal	Must be equal	Must be equal
Creation	One or more deeds; shares presumed equal unless stated	Single deed; vesting must state joint tenancy	Presumed from marriage, or designated in the deed	Single deed; both spouses accept survivorship in writing
Transfer	Each owner may sell or mortgage their share	Each owner may transfer their share, ending the joint tenancy as to that share	Both spouses must consent	Both spouses must consent
Liens against one owner	Generally only that owner’s share; a forced sale can occur	Other owner’s share not subject, but a forced sale can occur before the debtor’s death	May be reached for community debts	May be reached for community debts
Death of an owner	Share passes by will or to heirs (probate)	Passes automatically to surviving owner(s), no probate	Half passes by will, or to the surviving spouse	Half passes automatically to the surviving spouse
Things to weigh	Flexible shares; each can leave their share to anyone	Avoids probate; for spouses, may have tax disadvantages	Mutual consent; possible tax advantages for the survivor	Avoids probate plus possible tax advantages

Other Ways to Hold Title

Sole and separate

One owner holds title alone. Because Arizona is a community property state, a married buyer taking title this way typically needs their spouse to sign a disclaimer deed.

Trusts & entities

Title may be held by a trust, corporation, LLC or partnership. Title and your lender will ask for supporting documents, and some loans don’t allow entity ownership.

Before Closing

• Decide early. Title and your lender need your vesting choice well before signing.
• Confirm names. Make sure names on your contract, loan and vesting match exactly.
• Ask about a beneficiary deed, which can let an owner name who receives the home at death without probate.

Unfamiliar term? Browse the Real Estate Glossary →

General information only, not legal or tax advice. Adapted from common Arizona title company vesting guides.