How does joint tenancy with right of survivorship work in Arizona?

In Arizona, a grant of real property to two or more people creates an estate in common and not a joint tenancy, unless the grant expressly declares a joint tenancy with right of survivorship. The in-common default does not apply to grants in trust, to executors or to a husband and wife. A grant to a husband and wife passes to the surviving spouse when it expressly declares an estate in community property with right of survivorship, and an owner may also create that estate, or a joint tenancy with right of survivorship, by deeding to himself or herself and others. A joint tenant, or either spouse, may end the right of survivorship by recording an affidavit entitled "affidavit terminating right of survivorship". The words in the deed decide which kind of ownership was created, so read the deed itself. This is A.R.S. § 33-431.

WhatArizona
A deed to two or more peopleTenancy in common unless the deed says joint tenancy
What it meansTenancy in common unless the deed declares survivorship

Source

A.R.S. § 33-431

Read the statute in the Arizona Revised Statutes (Arizona Legislature): azleg.gov.

Checked against the statute on November 13, 2026.

This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.

How Seayora uses this rule

An owner on Seayora keeps each property’s owners of record, its entity and its documents in one place, so who holds title and how is on file beside the leases and the books.

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