Essential elements needed to create a joint tenancy
A joint tenancy can only be created if four essential elements (known as the four unities) are present. Each joint tenant must:
- acquire their interest in the property by the same instrument
- acquire their interest in the property at the same time
- have an equal interest in the property, and
- have an equal right to possess the entire property.
When one joint tenant dies, the remaining joint tenant (or joint tenants) has the right of survivorship.
Common scenarios where joint tenancies are created include:
|
Current ownership |
Action |
Resulting ownership |
|---|---|---|
|
A |
A transfers to A & B |
A & B jointly |
|
A |
A transfers to B & C |
B & C jointly |
|
A & B |
A & B transfers to C & D |
C & D jointly |
What if one or more of the essential elements is missing?
If one or more of the essential elements is missing, a joint tenancy cannot be created. The resulting ownership will be a tenancy in common.
Common scenarios include:
|
Current ownership |
Action |
Resulting ownership |
|---|---|---|
|
A |
A transfers a 1/2 share to B |
A (1/2 share), B (1/2 share) |
|
A & B jointly |
A transfers their share to C |
B (1/2 share), C (1/2 share) |
|
A, B & C jointly |
A transfers their share to D |
B & C (2/3 share jointly), D (1/3 share) |
Transfers with requests to create a joint tenancy
If a transfer results in a tenancy in common, such as those shown in the above examples, it is not possible to change that outcome by including a request that the owners shares be combined, and the owners be recorded as joint tenants. As this would not comply with the law relating to the creation of joint tenancies as outlined above, a transfer containing such a request would be requisitioned or rejected as appropriate.
Related guidance
Where a transfer results in the same owner holding separate shares in a property in the same capacity, the owner may include in the transfer instrument a request that their shares in the property be amalgamated. For more information see Transfer of a share to a remaining owner.
For information on severing a joint tenancy see Transfer severing a joint tenancy.