Also known as: four unities · unity of interest · unity of title · unity of time · unity of possession · joint tenancy unities
Written by attorneys · grounded in primary & secondary sources — see below
The four conditions that must exist simultaneously for the creation and continuation of a joint tenancy in real property. Destruction of any one of the conditions by a joint tenant severs the joint tenancy.
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Uriah Urban and his brother acquired land as joint tenants. Uriah later deposited all rental income from the parcel into his personal account and paid both business and personal expenses from the same funds. Upon Uriah's death the surviving brother claimed the entire parcel by right of survivorship. The court examined whether unity of interest still existed between the brothers.
Ulrike Ulrich and her sister took title to real property as joint tenants with minimal separate funds set aside for the parcel. Ulrike later used all revenues from the land to pay personal car loans and home expenses. After Ulrike's death the surviving sister sought the entire property. The analysis turned on whether the four unities remained intact.
Ursula Upton and her husband held land as joint tenants. Ursula executed a deed conveying her interest to herself as a tenant in common. Upon her death the surviving spouse claimed the entire parcel by right of survivorship. The court held that the deed destroyed the unities and converted the estate into a tenancy in common.
Usha Upton and her co-tenant held property in joint tenancy. One tenant executed a lease of her interest that would commence upon her death. After the tenant died the surviving joint tenant sought to invalidate the lease. The court determined that the lease did not destroy the four unities and therefore did not sever the joint tenancy.
Ursula Ureña and her sibling acquired land as joint tenants. One joint tenant later mortgaged only her own interest. Upon foreclosure the mortgagee claimed the entire parcel. The court examined whether the mortgage destroyed any of the four unities and concluded that the joint tenancy remained intact.
Destruction of any unity severs the joint tenancy and converts the estate into a tenancy in common. The surviving joint tenant no longer takes the entire property by right of survivorship.
The unities must exist both at the time the joint tenancy is created and continuously thereafter. Any later act that breaks one of the unities severs the tenancy.
A lease of one joint tenant's interest does not destroy the four unities and therefore does not sever the joint tenancy.
…law rule that four unities are essential to an estate in joint tenancy: unity of interest, unity of time, unity of title, and unity of possession. (See Hammond v. McArthur (1947) 30 Cal.2d 512, 514 [183 P.2d 1]; McDonald v. Morley (1940) 15 Cal.2d 409, 412 [101 P.2d 690, 129 A.L.R. 810]; 2 Blackstone, Commentaries 180-182.) The…