Legal Question in Real Estate Law in Arizona

Re: Joint tenancy

the joint tenants can convey the ownership of the property to one of the joint tenants by a quit claim deed or warranty deed, if you both agree to do so. If there is no agreement, then one party can go to court and sue for "Partition" of the interests and cause the property to be sold or one owner to buy out the interest of the other.

You should seek an attorney at once and try to negotiate a settlement between the joint tenants so that this joint ownership can be dissolved with a minimum of expense and trouble. If an agreement doesn't seem possible, then take legal action so that if you died tomorrow, the other doesn't obtain legal ownership of the whole property.

Re: Joint tenancy

The two prior responses relate to changing the form of ownership on the deed. However, if you are trying to remove one person's liability for the mortgage, then changing the form of ownership will not accomplish your goal. Even if the deed shows ownership by only one of the parties, both parties will remain obligated to pay the mortgage. To remove liability for the mortgage you will have to pay off the mortgage by either refinancing or selling the property. If both parties cannot agree to refinance or sell, then the only alternative would be to sue for partition and get a court order to sell the property.

Re: Joint tenancy

I would respectfully disagree with one part of the previously posted response. It is my understanding that one joint tenant can sever the joint tenancy by deeding his interest to another or to himself as a tenant in common. The two joint tenants then own as tenants in common, not as joint tenants with right of survivorship.

See an attorney to make sure it is done right.

Best regards,

James D. Jenkins