In a joint tenancy, what must be true about the interests of the co-owners?

Study for the California Bar Exam. Engage with flashcards and multiple choice questions, each question offers hints and explanations. Prepare effectively for your exam!

In a joint tenancy, the defining characteristic is that the interests of the co-owners must be equal. This means that each co-tenant has an identical share in the property and an equal right to possess the entire property. Key elements of joint tenancy include the "four unities": unity of possession, unity of interest, unity of title, and unity of time.

  • Unity of possession requires that all co-owners have equal access to the entire property.
  • Unity of interest means that all co-owners hold identical interests (for instance, if one tenant has a 50% share, all others must also have 50% shares and cannot vary from this level).
  • Unity of title indicates that all co-owners acquire their interests in the same instrument or document.
  • Unity of time necessitates that all interests must begin at the same time.

In contrast, unequal interests or interests starting at different times would disrupt the necessary conditions for joint tenancy. Similarly, varying types of interests (like a fee simple for one and a leasehold for another) do not comply with the requirement that all interests must be the same in a joint tenancy. Thus, it reinforces the requirement that in joint tenancy, the co-owners must all have the same

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