Joint tenancy can be created despite imperfect unities when a deed includes which arrangement?

• A. Only if all four unities of time, title, interest, and possession are present.
• B. A deed in which one or more grantees is also a grantor can create a joint tenancy even if unities are not satisfied.
• C. Joint tenancy cannot be created between unmarried individuals.
• D. A transfer to two people by will creates a joint tenancy.

Answer: (B)

Joint tenancy rests on the four unities: time, title, interest, and possession. When those unities aren’t all present, a deed normally creates a tenancy in common rather than a joint tenancy. There is a notable exception, though: if the deed includes one or more grantees who are also grantors, a joint tenancy can be created even with imperfect unities. The reason is that having the grantor named as a co-grantee in the same instrument to multiple recipients makes the transaction a single, simultaneous act by one instrument, helping to satisfy the timing and the sharing arrangement that support survivorship among the co-owners. So this arrangement can produce a joint tenancy despite imperfect unities.

The other choices don’t fit. A requirement that all four unities must be present ignores the exception just discussed. A joint tenancy can involve unmarried individuals if the unities are met. And a transfer by will does not create a present joint tenancy, since survivorship and present concurrent ownership arise from the deed, not from a will.