Legal Definitions - unity

In property law, particularly concerning how multiple people can own real estate together, unity refers to a set of four specific conditions that must all be present to create a special type of co-ownership known as a joint tenancy. If any of these "four unities" are missing, the co-ownership will typically default to a tenancy in common, which has different legal implications, especially regarding what happens to the property when one owner passes away.

The four unities are:

• Unity of Interest: This means that all joint tenants must have an identical ownership stake in the property. Their shares must be equal in size, nature, and duration. For instance, one owner cannot have a 75% share while another has a 25% share; they must all own an equal portion (e.g., 50/50 for two owners, 33.33% each for three owners).
• Unity of Possession: This requires that each joint tenant has the right to possess, use, and enjoy the entire property, not just a specific portion of it. No single owner can exclude the others from any part of the property.
• Unity of Time: All joint tenants must acquire their ownership interests at the exact same moment in time. This means their ownership must "vest" (become legally effective) simultaneously.
• Unity of Title: All joint tenants must acquire their ownership interests through the same legal document or act. For example, they must all be named on the same deed, or all receive the property under the same will. They cannot acquire their shares through separate transactions or different legal instruments.

Examples of Unity in Practice:

• Example 1: Meeting All Four Unities for a Joint Tenancy
  Three friends, Alex, Ben, and Chloe, decide to purchase a vacation cabin together. They all sign a single deed on the same day, which states that they are acquiring the property as joint tenants. Each friend contributes an equal amount to the purchase price and has the right to use any part of the cabin whenever they wish.

  Explanation: This scenario demonstrates all four unities:

  • Unity of Interest: Alex, Ben, and Chloe each own an equal one-third share.
  • Unity of Possession: Each friend has the right to use the entire cabin.
  • Unity of Time: They all acquired their ownership at the same moment when they signed the deed.
  • Unity of Title: They all received their ownership through the same legal document (the single deed).
  Because all four unities are present, Alex, Ben, and Chloe own the cabin as joint tenants.

• Example 2: Lacking Unity of Time and Title, Resulting in Tenancy in Common
  Sarah inherits a one-half interest in a commercial building from her father in 2010. In 2015, she decides to sell her share to her business partner, David. David then owns a one-half interest in the building alongside Sarah's brother, Mark, who inherited the other one-half interest from their father at the same time Sarah did.

  Explanation: In this situation, David and Mark do not hold the property as joint tenants because:

  • Unity of Time is absent: Mark acquired his interest in 2010 when his father passed away, while David acquired his interest in 2015 when he purchased it from Sarah.
  • Unity of Title is absent: Mark received his interest via his father's will, whereas David received his interest via a purchase deed from Sarah.
  Even though they might have unity of interest (both own 50%) and unity of possession (both can use the whole building), the absence of unity of time and title means they own the property as tenants in common, not joint tenants.

• Example 3: Lacking Unity of Interest, Resulting in Tenancy in Common
  A married couple, Emily and Robert, purchase an investment property. Due to differing financial contributions and estate planning goals, the deed specifies that Emily owns a 60% interest and Robert owns a 40% interest in the property.

  Explanation: While Emily and Robert likely acquired their interests at the same time and through the same deed (suggesting unity of time and title) and both have the right to use the entire property (unity of possession), they lack:

  • Unity of Interest: Their ownership shares are not equal (60% vs. 40%).
  Therefore, despite being married and purchasing together, they would own the property as tenants in common, not joint tenants, because the unity of interest is not met.