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what is not one of the four unities involved in the establishment of a joint tenancy
Four unities - Wikipedia Four unities Jump to : navigation , search This article needs additional citations for verification . Please help improve this article by adding citations to reliable sources . Unsourced material may be challenged and removed . ( May 2008 ) ( Learn how and when to remove this template message ) The four unities is a concept in the common law of real property describing conditions that must exist in order for certain kinds of property interests to be created . Specifically , these four unities must be met in order for two or more people to own property as joint tenants with right of survivorship , or for a married couple to own property as tenants by the entirety . Some jurisdictions may require additional unities . Contents ( hide ) 1 The four unities 2 A fifth unity 3 A sixth unity 4 References The four unities ( edit ) Unity of time Interest must be acquired by both tenants at the same time . In common law , the `` time '' requirement could be satisfied only by using a `` straw man '' to create a joint tenancy . The party creating the joint tenancy would have to convey title to a straw man , who would then transfer title to the two parties as joint tenants . Unity of title The interests held by the co-owners must arise out of the same instrument . Unity of interest Both tenants must have the same interest in the property . This means that the joint tenants must have the same type of interest , and the interest must run for the same duration . For example , if X and Y create a joint tenancy , both X and Y 's interests must be in fee simple absolute . If , for example , X has a fee simple absolute and Y has a life estate , there is no unity of interest . Unity of possession Both tenants must have the right to possess the whole property . If any of the four unities is broken and it is not a joint tenancy , the ownership reverts to a tenancy in common . The unique aspect of a joint tenancy is that as the joint tenancy owners die , their shares accrue to the surviving owner ( s ) so that , eventually , the entire share is held by one person . A fifth unity ( edit ) Unity of marriage In order for there to be a tenancy by the entirety this fifth unity must be present . Marriage combined with the preceding four unities creates a tenancy by the entirety . A tenancy by the entirety gives rise to certain legal rights , such as rights of survivors , when one spouse is deceased that interest automatically passes to the surviving spouse . Additionally , the creditor of only one of the spouses can not take the property held as tenants by the entirety ; both spouses must be indebted to the creditor . A sixth unity ( edit ) Unity of unison In order for the parties to be united , they must be in unison . This has been criticised by the Law Commission in their 283rd report , entitled ' Unity in Leaseholds ' . References ( edit ) Jump up ^ Re Murdoch and Barry ( 1976 ) , 10 O.R. ( 2d ) 626 ( H.C.J. ) . This legal term article is a stub . You can help Wikipedia by expanding it . Retrieved from `` https://en.wikipedia.org/w/index.php?title=Four_unities&oldid=822804683 '' Categories : Property law Legal terminology stubs Hidden categories : Articles needing additional references from May 2008 All articles needing additional references All stub articles Talk Contents About Wikipedia Add links This page was last edited on 28 January 2018 , at 16 : 24 . About Wikipedia