In Arizona, what is the state presumption regarding title for unmarried couples?

Study for the Arizona Real Estate Exam. Boost your knowledge with flashcards and multiple choice questions with explanations. Be exam-ready with our comprehensive review!

In Arizona, when it comes to the acquisition of property by unmarried couples, the presumption regarding the title is that they hold the property as tenants in common. This means that each individual has a distinct, shareable interest in the property, which does not automatically equate to equal shares unless specified otherwise in the deed.

Tenants in common allows each party to have the right to transfer their interest in the property without the consent of the other party. This set-up also means that if one of the tenants passes away, their share would go to their heirs or as specified in their will, rather than automatically being inherited by the other tenant.

Unlike community property, which typically applies to married couples and establishes that both spouses have equal ownership of the property acquired during the marriage, or joint tenancy, which includes the right of survivorship (where property automatically passes to the surviving owner), the tenants in common arrangement is more flexible for unmarried parties. Severalty indicates sole ownership and would not apply in this context. Thus, the correct presumption reflects how unmarried couples generally hold property together in Arizona.

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