Historically, the common law required that in order for a joint tenancy to be created, the co-owners must share the “four unities” of (1) time – the property interest must be acquired by both tenants at the same time; (2) title - both tenants must have the same title to the property in the deed; (3) interest - both ...
Joint tenancy is most common among married couples because it helps property owners avoid probate. Without joint tenancy, a spouse would have to wait for their partner's Last Will to go through a legal review process—which can take months or even years.
For instance, if you're married, the most common way to title your home is Tenancy by the Entirety (TBE).
Joint tenants (JT), or joint tenants with rights of survivorship (JTWROS), are the forms of ownership most commonly used by married couples.
Utilizing a revocable trust is the best way for a married couple to take title. Titling property in your trust avoids probate upon the death of both the initial and surviving spouses and preserves the capital gains step up for the entire property on the first death.
Joint tenancy is recognized in Utah. Tenancy by the entirety is a type of shared ownership of property, where each owner has equal rights to enjoy the property during their lives, along with equal obligations.