Tenancy by the entireties and Missouri bankruptcy exemptions.

What happens to the house if only one spouse files bankruptcy? Unless the other spouse agrees otherwise, nothing. Mo. Rev. Stat. section 513.475.2 provides that neither spouse may sale, mortgage or alienate the marital home unless the other spouse agrees. Any attempted transaction is null and void. Also see In re Anderson, 12 B.R. 483 (Bankr. W.D. Mo. 1981), which held that a creditor may only recover against property held by spouses as a tenancy by the entireties when the other spouse consents.

– ksmolawyer

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