## Facts

- Nancy and Ronald Lurie, then spouses domiciled in Missouri, bought a bronze sculpture (“Lack of Slack”) in 1978 from a St. Louis art dealer.
- Purchase documents identified the buyers as “Ron and Nancy Lurie” / “Mr. & Mrs. Ron Lurie” at a Missouri address.
- In 1994, the Luries sent the sculpture to the Harry Jackson studio in Cody, Wyoming for sale; there was no showing they intended it to remain in Wyoming permanently.
- Ronald (not Nancy) entered Missouri bankruptcy proceedings connected to the Popkin & Stern Liquidating Trust.
- The liquidating trustee, Robert J. Blackwell, obtained a Wyoming judgment against Ronald alone (over $1 million) in 1995.
- In 2001, a writ of execution issued and the Park County sheriff seized the sculpture from the Cody studio to satisfy Ronald’s judgment debt.
- Nancy intervened and petitioned to quash the writ, asserting the sculpture was held as tenants by the entirety under Missouri law and was not subject to execution for Ronald’s separate debt.
- The district court denied the petition and refused to recognize a tenancy by the entirety in this type of personal property; it also denied reconsideration.

## Issues

1. Whether Wyoming prohibits tenancy by the entirety for tangible personal property that can be owned without a recorded title document.
2. If Wyoming and Missouri law conflict, whether the spouses’ ownership interest is determined by the law of their domicile at the time of acquisition absent contrary dealings in Wyoming.
3. Whether a non-debtor third-party co-owner has standing to challenge an allegedly improper writ of execution.

## Decision

- The Wyoming Supreme Court reversed the district court’s order.
- The court held the sculpture was acquired and held by Nancy and Ronald as tenants by the entirety under Missouri law.
- Applying conflict-of-laws principles for movables, the court held Missouri law governed the characterization of the spouses’ interest because they were Missouri domiciliaries at acquisition and there were no subsequent dealings altering ownership.
- The court ruled Wyoming must recognize the Missouri-created tenancy by the entirety even if Wyoming would not itself create such an interest in comparable personal property.
- Because entirety property is not subject to execution for the individual debts of one spouse, the writ could not be maintained against the sculpture for Ronald’s judgment alone.
- The case was remanded with directions to quash the writ of execution against the sculpture.

## Legal Principles

- For movable personal property, absent contrary local dealings, the nature of co-ownership is determined by the law of the owners’ domicile at the time the property was acquired.
- A forum state will recognize an ownership interest in a movable validly created under another state’s law, unless a strong public-policy exception applies.
- Under Missouri law, personal property acquired jointly by spouses during marriage is presumed to be held as a tenancy by the entirety unless a contrary intent appears.
- Property held by the entirety is not subject to execution to satisfy the separate debt of only one spouse.
- A non-debtor spouse asserting a property interest has standing to challenge execution that would impair that interest.

## Conclusion

The Wyoming Supreme Court held that Missouri law controlled the spouses’ ownership interest in the sculpture, that the sculpture was held as tenants by the entirety, and that it therefore could not be seized in Wyoming to satisfy a judgment against only the husband; the writ of execution was ordered quashed.


Lurie v. Blackwell, 51 P.3d 846 (Wyo. 2002)