Concurrent Estate - Four Unities of A Joint Tenancy

Four Unities of A Joint Tenancy

To create a joint tenancy, the co-owners must share "four unities":

  • Time - the co-owners must acquire the property at the same time.
  • Title - the co-owners must have the same title to the property. If a condition applies to one owner and not another, there is no unity of title.
  • Interest - each co-owner owns an equal share of the property; for example, if three co-owners are on the deed, then each co-owner owns a one-third interest in the property regardless of the amount each co-owner contributed to the purchase price
  • Possession - the co-owners must have an equal right to possess the whole property

If any of these elements is missing, the joint tenancy is ineffective, and the joint tenancy will be treated as a tenancy in common in equal shares.

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    Your letter of excuses has arrived. I receive the letter but do not admit the excuses except in courtesy, as when a man treads on your toes and begs your pardon—the pardon is granted, but the joint aches, especially if there is a corn upon it.
    George Gordon Noel Byron (1788–1824)