Section R17-4-205. Co-ownership and Vehicle Title

A.      A title certificate application shall specify the form of co-own- ership and names of a vehicle’s co-owners as follows.

1.        If co-ownership is a joint tenancy with right of survivor- ship in which all owners must sign to transfer or encum- ber the vehicle, the applicant shall provide the name of each owner separated by “and/or.”

2.        If co-ownership is a joint tenancy that allows one owner to transfer or encumber the vehicle title, the applicant shall provide:

a.         The name of each co-owner separated by “or”; and

b.        A form, signed by each co-owner authorizing title transfer or encumbrance on the signature of any co- owner.

3.        If co-ownership is a tenancy in common, the applicant shall provide the name of each owner separated by “and.”

B.       Before a surviving joint tenant under subsection (A)(1) obtains a title certificate as owner or transfers or encumbers the vehi- cle title, the surviving joint tenant shall present to the Division a death certificate for each deceased joint tenant.

C.      After the death of a tenant in common, the Division shall issue a new title certificate only as directed by:

1.        A certified probate court order, or

2.        A successor’s affidavit under A.R.S. § 14-3971(B).

Historical Note

Adopted effective November 13, 1986 (Supp. 86-6). For- mer Section R17-4-75 renumbered without change as Section R17-4-205 (Supp. 87-2). Amended by final rulemaking at 7 A.A.R. 2752, effective June 8, 2001 (Supp. 01-2). Section recodified to R17-4-203 at 7

A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). New Section recodified from R17-4-207 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Amended by final

rulemaking at 9 A.A.R. 1353, effective June 6, 2003

(Supp. 03-2).