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 3 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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