In re Brewer

MEMORANDUM OPINION GRANTING TRUSTEE’S OBJECTION TO EXEMPTION

Cynthia A. Norton, United States Bankruptcy Judge

When a husband and wife own a Missouri home as exempt “tenancy by the entirety” property, but transfer the home into a spousal trust that expressly allows either spouse to unilaterally partition and sell the trust assets, does the transfer sever the tenancy and defeat the exemption? Under the circumstances of this case, the answer is yes.

Jurisdiction

The Court has jurisdiction to hear this matter pursuant to 28 U.S.C. §§ 1334(a), 157(a), and 157(b)(1). Because this is a dispute to…