Both Spouses Must Consent
The family homestead has special protection under Arizona law. Even if only one spouse holds title, the homestead cannot be sold or mortgaged without the other spouse's consent. That consent must be evidenced by both spouses signing the document and having it acknowledged.
The homestead of a family shall not be conveyed or encumbered by a spouse without consent of the other spouse. The consent shall be evidenced by each spouse joining in the conveyance by signing their names thereto, and also by acknowledgment thereof.
A.R.S. § 33-453This is a protective measure. It prevents one spouse from selling or borrowing against the family home without the other spouse knowing and agreeing. Title companies and lenders in Arizona enforce this requirement as standard practice.
The Sole and Separate Property Exception
There is one clear exception. If the homestead property is held as the sole and separate property of one spouse, the nonowner spouse's consent is not required for a conveyance or encumbrance. This might apply when one spouse owned the home before the marriage and kept it titled separately.
Consent of a nonowner spouse shall not be required where the homestead property is conveyed or encumbered by an owner spouse who holds title to the property as sole and separate property.
A.R.S. § 33-453For estate planning purposes, this statute matters when couples are transferring their home into a living trust or placing a beneficiary deed on the property. Both spouses should participate in these transactions to avoid any question about the validity of the transfer.
