Legal Question in Real Estate Law in Arizona

You have not given the reason why you would want to add your son's name on the title to the property, you have only raised questions about his acting without your consent, and community property issues.

To answer your questions directly, he could obtain a loan with his interest in the house being collateral for the loan, but that is not a lien against the property. Any of his creditors could seek a judgment against him for money owed and then seek to take his interest in the property to satisfy their judgment.

If you put him on the title with you, then you have to convey title to him and state how you hold title with him, and that would determine what his interest is in the property. This must be done carefully and thoughtfully. Property he acquires before marriage is his separate property, unless he conveys or commingles it with his marital property.

In general, you should be very cautious about putting someone on the title with you, if they are not

sharing in the downpayment and liable for the mortgage, expenses, maintenance, insurance and taxes, as you are. If he is going to occupy the property, he does not have to be in title, and you should have a lease agreement in writing with him (you never no what will happen in the future).

Putting his name on the title will probably constitute a gift from you to him, which could raise tax consequences for you. Also, who gets the income tax deduction for the mortgage interest is an important question to answer.

You should get good legal counsel on the "big picture" and learn about the whole transaction and the consequences thereof, and what rights you have or don't have, if you were to put him on the title.