Arizona: How to Verify Your Ownership Share in Your Parents' Real Property | Arizona Estate Planning | FastCounsel
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Arizona: How to Verify Your Ownership Share in Your Parents' Real Property

Confirming an ownership share in Arizona real property: clear steps and next moves

This FAQ-style guide explains how someone with no legal background can confirm what percentage of ownership they (or anyone) hold in real property owned by their parents under Arizona law.

Detailed answer — practical steps to confirm your ownership percentage

Start with the recorded title. Ownership shares are set by the way title was conveyed and by any written documents that control the property (deeds, trusts, wills, or court orders). Follow these steps in order:

  1. Get a copy of the recorded deed(s).

    Search the county recorder’s office where the property is located for the deed that shows how the owners took title. Most county recorders allow online searches by owner name or parcel number. The recorded deed is the primary document that shows who holds legal title and how title is vested.

  2. Read the vesting language on the deed.

    Look for phrases such as “tenants in common,” “joint tenants with right of survivorship,” “community property,” or “community property with right of survivorship.”

    • If the deed lists specific percentages (for example: “John A. Smith, 60% and Jane B. Smith, 40%”), those percentages govern ownership.
    • If it says “tenants in common” but does not list percentages, co-owners generally hold equal shares unless a different split was intended and documented. That typically means two owners have a 50/50 share, three owners each have one-third, etc.
    • If it is a joint tenancy with right of survivorship or community property with right of survivorship, the surviving owner(s) may automatically become sole owner(s) on death rather than holding a divisible percentage.
  3. Check related records and instruments.

    Ownership may be affected by trusts, wills, powers of attorney, or prior court orders.

    • If the property was transferred into a trust, the trustee holds legal title and beneficiaries hold equitable interests. The trust document (not usually recorded) determines each beneficiary’s share.
    • If an owner died, see whether a probate case exists or whether transfer occurred by survivorship. Probate filings are public and available through the county superior court.
  4. Obtain a preliminary title report or title insurance commitment.

    A title company can produce a preliminary title report showing the current vesting, recorded liens, and exceptions. The report will confirm the recorded owners and often reproduces the deed language. Title companies can also run the chain of title to trace how ownership was created.

  5. Check assessor and tax records.

    The county assessor and treasurer maintain ownership and tax payment records. These records can help confirm the names on title and whether the county treats ownership as separate or in joint names (but they do not always show legal percentages).

  6. Ask for the underlying documents.

    If you are named as an owner or beneficiary, ask the trustee, parent, or family members for copies of the trust, deed, or will. If they refuse, a title company or attorney can help obtain the recorded or probate documents.

  7. When ownership is unclear, get legal help or file a quiet-title/partition action.

    If the deed does not make the shares clear or if someone disputes the share splits, you can hire a real estate attorney or ask the court to decide. Arizona courts can resolve title disputes through quiet-title actions. A co-owner can also file a partition action to divide or force sale of the property. For more information on Arizona property law, see Arizona Revised Statutes, Title 33 (Property): https://www.azleg.gov/arsDetail/?title=33.

  8. If you want to block a sale, act quickly.

    To prevent a sale you believe is improper (for example, where a co-owner is selling without necessary signatures, or where someone lacks authority), consider these options:

    • Ask the title company handling the sale to delay closing until ownership is clarified.
    • Seek a temporary injunction or emergency court order if there is an urgent risk of improper transfer.
    • File a declaratory or quiet-title action to confirm rights before the sale completes.

If a parent plans to sell and both parents are listed as owners, generally both must sign the deed to convey fee simple title—unless one has a legally effective power of attorney, a court conservatorship, or another document permitting the sale. If title is held by a trust, the trustee (not the beneficiaries) signs the deed unless the trust instrument directs otherwise.

Arizona-specific resources that may help:

Helpful hints — checklist and quick tips

  • Start with the county recorder’s online records. Use owner names, property address, or parcel number.
  • If the deed states a percentage, that percentage controls. Keep a certified copy of the deed.
  • Absent a stated percentage for tenants in common, treat shares as equally divided unless you have evidence otherwise.
  • If the property is community property between spouses, Arizona law treats each spouse as having an equal community interest in general—marital status and the deed wording matter.
  • If the property is held in a trust, obtain the trust document. Trusts typically determine beneficial percentages.
  • Order a preliminary title report from a reputable title company to confirm recorded vesting and any liens or encumbrances.
  • If someone is trying to sell and you believe your signature or consent is required, notify the title company and consider immediate legal steps to protect your interest.
  • Document every request for records in writing (email/letter) and keep copies of all documents you obtain.
  • If you can’t resolve the issue with family members, consult a real estate attorney experienced in Arizona property law or contact the county recorder/court for public records and filing requirements.

Important disclaimer: This is general information, not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, contact a licensed Arizona attorney who handles real property matters.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.