Section 3 Evolving Nature

• Library: Trust and Estate Legislation 2012

 1 

The nature of tenancy by the entirety has been litigated extensively in Missouri. Early decisions held that the presence of four “unities” was necessary for the creation of tenancy by the entirety. “An estate by the entirety in Missouri and at common law possesses like characteristics. Unities of interest, time, title, and possession exist in the husband and wife.” Linders v. Linders, 204 S.W.2d 229, 232 (Mo. 1947). But over time, the intent of a married couple began to control over the application of an artificial set of rules. In Kluck v. Metsger, 349 S.W.2d 919 (Mo. 1961), a husband had transferred real property to his wife that he had owned before the marriage by a deed that stated in part that he was:

reserving unto himself a co-tenancy by the entirety with said party of the second part [the wife] in and to said premises; the intention of this deed being to vest fee simple title to said premises in Martin Kluck, Sr. and Josephine C. Kluck, husband and wife, by the entirety with right of survivorship.

Id. at 920. Upon the death of the husband, the husband’s heirs contested the passage of the property...