Arizona Real Estate License Practice Exam

Question: 1 / 1505

What type of co-ownership is generally presumed in Arizona?

Community property

Joint tenancy

Tenancy by the entirety

Tenancy in common

In Arizona, the type of co-ownership that is generally presumed is tenancy in common. This means that when no specific form of co-ownership is declared in a property deed, the law defaults to tenancy in common.

Under tenancy in common, each owner holds an individual, undivided interest in the property, which can be sold, transferred, or inherited independently of the other co-owners. Each party has the right to use the entire property, and there is no right of survivorship, which distinguishes it from joint tenancy.

In comparison, community property typically applies to property acquired during marriage and assumes both spouses have equal ownership, while joint tenancy requires clear intent to create that arrangement and includes the right of survivorship. Tenancy by the entirety is a form of ownership exclusive to married couples with similar traits as joint tenancy. Since the default assumption in Arizona does not specifically cater to these other types of co-ownership unless stated, tenancy in common is recognized as the general presumption.

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