Arizona · A.R.S. 25-214, 33-452Arizona community property: why both spouses sign to sell, buy or mortgage a home

Arizona is a community property state, and that shapes who signs at closing. Under A.R.S. §25-211, property either spouse acquires during the marriage is community property, except property acquired by gift, devise or descent, or after service of a petition for divorce, legal separation or annulment that results in a decree. Spouses have equal management of community property, and either one can usually act alone – but §25-214(C) requires the joinder of both spouses for any transaction to acquire, dispose of or encumber an interest in real property (other than an unpatented mining claim or a lease of less than one year). §33-452 adds that a conveyance or encumbrance of community property isn't valid unless executed and acknowledged by both spouses. In practice that means a married seller's spouse signs the deed, and a married buyer's spouse signs the deed of trust, even if that spouse's name isn't on the title or the loan. Separate property – owned before the marriage, or received by gift or inheritance – stays under the owning spouse's sole management (§25-214(A)), which is why the title company may ask how and when the home was acquired.