MBE Rules · Real Property
Joint tenancy — four unities
The rule
Requires four unities: Time, Title, Interest, Possession (TTIP). Plus clear right of survivorship language. On death of one joint tenant, share passes to survivors automatically (not through estate). Unilateral conveyance severs the joint tenancy as to that share, creating a TIC.
In plain English
For joint ownership to exist, all owners must acquire their interests at the same time, through the same document, with equal shares, and have equal rights to use the property. If one owner dies, their share goes directly to the others.
Worked example
Alex, Jamie, and Pat buy a cabin together, each getting an equal share at the same time. When Jamie dies, their share automatically goes to Alex and Pat. If Alex sells their share, the joint tenancy is broken, and Pat and the new owner are tenants in common.
Memory hook
Joint Tenancy: TTIP to Survive! Time, Title, Interest, Possession, plus clear survivorship language ensures automatic share passage.
The trap
Students think: any conveyance severs joint tenancy. Wrong, because only unilateral conveyance severs it. The actual test is whether one tenant alone conveys their interest.
How examiners test it
Test setup: joint tenant secretly sells their share. Trap: students miss that this creates a TIC for the buyer, not for remaining tenants.
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