THE IMPORTANCE OF RE-TITLING YOUR PROPERTY AFTER THE DIVORCE

Did you know that when you divorce your spouse or annul your marriage, any property interests not dealt with this the Decree and still held as joint tenants with right of survivorship or community property with right of survivorship transforms the former spouses interests into tenants in common?

Yes, under A.R.S. Sec. 14-2804(A)( 2), if you divorce and you forgot to change the title to your jointly held property your former spouse does not automatically get it as a "survivor" if you were to die. Instead, the express provisions of the Decree would be followed (i.e., Husband gets the house) or your estate would an undivided half interest in the property as a "tenant in common" with the still living spouse. Now, obviously, if the home is awarded to one spouse and both names are left on the property, the person who received the property in the divorce will still have ownership but it may present a mess for estate to clear up.

This of course, only takes place once the dissolution or annulment is finalized and signed by the Judge. So if you get run over by a bus, prior to the Judge signing the Decree, the survivor still takes all.