When Joinder Is Required
Arizona law requires both spouses to sign in three situations:
- Real property transactions: Any purchase, sale, or encumbrance of community real estate requires both signatures.
- Exceptions are unpatented mining claims and leases shorter than one year.
- Guaranty, indemnity, or suretyship: Both spouses must agree before either can guarantee another person's debt with community property.
- Post-divorce filing transactions: After a dissolution petition has been served, neither spouse can bind the community without the other's consent.
Why Joinder Matters for Estate Planning
When married couples transfer community real estate into a living trust, both spouses must sign the deed. If only one spouse signs, the transfer may be voidable. A court could reverse it. This is one of the most common trust funding errors. It can send property through probate instead of the trust.