Does joint tenant with right of survivorship become community property upon divorce in Arizona?
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Does joint tenant with right of survivorship become community property upon divorce in Arizona?
I live in the State of Arizona. I owned my home prior to marriage in April of
2017.
Since the marriage, my wife talked me into adding her to a joint tenant with
right of survivorship a few months ago. Now she is wanting a divorce.
Does my home now become part of community property or does it revert back to
separate property as I owned it before we were married less than a year ago?
Any information would be greatly appreciated.
Asked on February 9, 2018 under Family Law, Arizona
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Separate property can be turned in to marital property when there can be shown a clear intent to make it so. Adding someone to a deed with rights of survivorship can be clear intent to make it marital. I would speak with a lawyer about having the deed set aside under fraud in the inducement theory. Seek help now. Good luck.
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