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A.R.S. § 25-214: Spousal Joinder Requirement

Management and control

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Do both spouses have to sign for real estate in Arizona?

In Arizona, each spouse alone controls their own separate property, and both spouses share equal control over community property, but both must join in transactions involving real estate (except unpatented mining claims or leases under one year), guaranty or suretyship deals, or binding the community once a divorce, separation, or annulment petition has been served, if it eventually results in a decree.

Full statute text

Official text last checked against azleg.gov:

25-214. Management and control

A. Each spouse has the sole management, control and disposition rights of each spouse's separate property.

B. The spouses have equal management, control and disposition rights over their community property and have equal power to bind the community.

C. Either spouse separately may acquire, manage, control or dispose of community property or bind the community, except that joinder of both spouses is required in any of the following cases:

1. Any transaction for the acquisition, disposition or encumbrance of an interest in real property other than an unpatented mining claim or a lease of less than one year.

2. Any transaction of guaranty, indemnity or suretyship.

3. To bind the community, irrespective of any person's intent with respect to that binder, 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.

Drafted by AI from the official text and checked sentence by sentence against azleg.gov. ClearStatute is run by David Bartlett, who is not an attorney. Legal information, not legal advice — consult a licensed attorney for your situation.

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