Legal Definitions - time unity

Time unity refers to a fundamental requirement in property law, particularly for the creation of a joint tenancy. It means that all co-owners must acquire their ownership interests in a property at the exact same moment.

This unity is one of the "four unities" (time, title, interest, and possession) that traditionally must be present for a joint tenancy to be established. If the co-owners acquire their interests at different times, a joint tenancy cannot be formed, and they would typically hold the property as tenants in common instead.

Here are some examples illustrating time unity:

• Example 1: Simultaneous Purchase by Siblings

  Two sisters, Sarah and Emily, decide to buy a vacation home together. They both sign the purchase agreement and the deed at the same closing appointment. The deed is recorded, showing both their names as joint tenants from the very beginning. In this scenario, time unity is present because Sarah and Emily acquired their ownership interests in the property at the identical moment the deed was executed and delivered.

• Example 2: Property Granted Through a Will

  A parent's will specifies that upon their death, their primary residence is to be passed to their three children, Mark, Lisa, and David, as joint tenants. When the parent passes away, the children's ownership interests in the house all vest simultaneously at that precise moment. This demonstrates time unity because all three children acquired their interests at the same instant, triggered by the parent's death.

• Example 3: Conveyance by a Single Deed

  A property developer sells a commercial unit to two business partners, Alex and Ben, intending for them to hold it as joint tenants. The developer executes a single deed that conveys the property to both Alex and Ben at the same time. Because their ownership interests originate from this one deed, executed and delivered at a specific point, time unity is satisfied. If Alex had purchased his share first, and Ben had purchased his share a year later, time unity would be broken, and they would likely be tenants in common.