questions & answers

Question: My husband left and took all furniture and appliances/electronics. Long story short, the only things he left me are all the household/child expenses. He left over a month ago and has not helped or contacted me. We own a home and there is a joint tenancy deed between my mom, me, and my husband. What is the difference between a joint tenancy deed and community property?

Answer:

Arizona’s Community Property statutes are located in Title 25 of the Arizona Revised Statutes. Arizona Property Statutes are located in Title 33 of the Arizona Revised Statutes.

Community property is defined in A.R.S. § 25-211.  That statute states:

A. All property acquired by either husband or wife during the marriage is the community property of the husband and wife except for property that is: 1. Acquired by gift, devise or descent. 2. Acquired after service of a petition for dissolution of marriage, legal separation or annulment if the petition results in a decree of dissolution of marriage, legal separation or annulment.

B. Notwithstanding subsection A, paragraph 2, service of a petition for dissolution of marriage, legal separation or annulment does not: 1. Alter the status of preexisting community property. 2. Change the status of community property used to acquire new property or the status of that new property as community property. 3. Alter the duties and rights of either spouse with respect to the management of community property except as prescribed pursuant to section 25-315, subsection A, paragraph 1, subdivision (a).

A.R.S. § 25-213 defines separate property.  You may also want to review A.R.S. § 33-431 which explains land grants to two or more persons.

Although these are some statutes that pertain to community property and joint property, they are not all of the statutes. Also, to find out how these statutes apply to your specific situation, you may want to contact an attorney directly.