Joint Tenancy

The four unities and survivorship

The traditional four unities are time (acquired together), title (under the same instrument), interest (equal shares), and possession (each may possess the whole property). State statutes and decisions can alter creation and severance requirements.

When a joint tenant dies while the tenancy is intact, the surviving joint tenants take the interest by survivorship. The deceased owner’s will does not control that interest. If three equal joint tenants own a parcel and one dies, the other two normally own one half each as joint tenants.

A joint tenant’s transfer may sever survivorship as to the transferred interest. If three joint tenants own a parcel and one transfers their interest, the other two can remain joint tenants with each other and hold alongside the transferee as tenants in common. A tenant in common’s interest can pass through their estate or other applicable transfer arrangements.