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 enforce this rule as standard practice.
The Sole and Separate Property Exception
There is one clear exception. If the homestead real property is held as the sole and separate property of one spouse, the nonowner spouse's consent is not required. 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. § 33-453Why This Matters for Families
For estate planning purposes, this statute matters when couples transfer their home into a living trust or place a beneficiary deed on the property. Both spouses need to participate in these transactions. This avoids any question about the validity of the transfer.
Many families find this rule reassuring. It means one spouse cannot quietly sell or borrow against the family home. The homestead stays protected unless both spouses agree to the transaction.
In practice, lenders and title companies will check whether real property qualifies as a homestead before closing. If it does, they will require both signatures on all documents.