Legal Definitions - four unities

The four unities are a set of four specific conditions that must all be met simultaneously for a particular type of co-ownership, known as a joint tenancy, to be legally established. A joint tenancy is a form of property ownership where two or more people own property together, and a key feature is the "right of survivorship." This means that if one owner dies, their share automatically passes to the surviving owner(s) rather than to their heirs or beneficiaries named in a will. The four unities ensure that all joint tenants have an identical and undivided ownership stake.

The four unities are:

• Unity of Interest: This means that each joint tenant must have the exact same type, extent, and duration of ownership in the property. For example, if one owner has a 50% share, all must have a 50% share, and their ownership must be for the same period (e.g., both own the full ownership interest, not one owning a life estate and another owning the remainder).
• Unity of Possession: Each joint tenant has an equal and undivided right to possess and use the entire property. No one owner can claim exclusive possession of any part of the property to the exclusion of the others.
• Unity of Time: All joint tenants must acquire their ownership interest at the exact same moment in time.
• Unity of Title: All joint tenants must acquire their ownership interest through the same legal document, such as a single deed or will.

Here are some examples illustrating the four unities:

• Example 1: A Married Couple Buying a Home

  David and Sarah, a married couple, decide to purchase their first home together. They both sign the same purchase agreement and attend the closing at the same time. A single deed is issued, naming both David and Sarah as owners "as joint tenants with right of survivorship." They both move into the house and have full access to all rooms and areas.

  • How it illustrates the four unities:
    • Interest: David and Sarah each own an equal, undivided interest in the entire property.
    • Possession: Both have the right to possess and use the entire home.
    • Time: They acquired their ownership interest simultaneously at the closing.
    • Title: Their ownership stems from the single deed issued at the closing.

• Example 2: Siblings Inheriting a Family Cabin

  After their mother's passing, her will specifies that her beloved lakeside cabin is to be left to her two children, Mark and Lisa, "as joint tenants." Upon the probate of the will, Mark and Lisa's ownership is established at the same moment. The will grants them equal shares, and both siblings have the right to use the cabin whenever they wish, without one excluding the other.

  • How it illustrates the four unities:
    • Interest: The will grants Mark and Lisa identical and equal ownership interests.
    • Possession: Both have the right to occupy and enjoy the entire cabin.
    • Time: Their ownership interests vested at the same time upon the mother's death and the will's probate.
    • Title: Their ownership is derived from the same legal document, their mother's will.

• Example 3: Business Partners Acquiring Property Separately (Illustrating a Failure to Meet Unities)

  Two business partners, Emily and Robert, decide to buy a commercial storefront for their new venture. Emily, eager to finalize the deal, purchases her 50% share from the seller on a Monday, receiving her own deed. Robert, due to travel, purchases his 50% share from the same seller on the following Wednesday, receiving a separate deed. They both intend to own the property equally and share its use.

  • How it illustrates the four unities (or their absence):
    • Interest: They may have intended equal interests.
    • Possession: They may intend to share possession equally.
    • Time: This unity is not met because Emily and Robert acquired their interests on different days.
    • Title: This unity is not met because they received separate deeds.

  Because the unities of time and title were not met, Emily and Robert would likely own the property as "tenants in common" rather than "joint tenants." This means that if one of them were to die, their share would pass to their heirs, not automatically to the surviving partner, demonstrating the critical importance of all four unities for establishing a joint tenancy.