Legal Question in Real Estate Law in California
If a senior citizen who is a joint tenant of a house goes into assisted living is the other joint tenant at risk concerning the title to the house?
3 Answers from Attorneys
Yes, possibly, but keep in mind a couple of things. First, not necessarily all "assisted living" arrangements involve government subsidies that are recollectible from the patient's assets. The senior citizen or their family members should be aware of the financial terms such as repayment obligations when public assistance (e.g., Medi-Cal) is provided. These programs generally do allow the state to go after assets of the patient, such as real property. Also, the law allowing such collection activity recognizes the distinction between the patient's interest in real property and other people's interests. Unless the other co-owner is a close relative who is financially responsible for the patient's care, or there has been a fraudulent transfer of the real property by the patient to the co-owner, the co-owner's interest is not subject to seizure for payment of the patient's indebtedness. So, as a practical matter, Medi-Cal might record a lien against the patient's part interest, then wait for the owners to sell in order to collect (rather than instituting a forced sale of the part interest). There's not much market for half interests in houses where the co-owner is a stranger.
I'm not sure what your specific question is. MediCal does not enforce it's lien on the surviving joint tenant until the surviving joint tenant dies or sells. But I wonder if you are really asking about something else.
I'm not sure what your specific question is. MediCal does not enforce its lien on the surviving joint tenant until the surviving joint tenant dies or sells. But I wonder if you are really asking about something else.
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