Legal Question in Real Estate Law in Florida

House owned with partner (both unmarried)

A&B bought a house together with right of survivorship to each other. If B has to go into nursing home and runs out of money, can government take his part of house even though it is our home. I'm concerned about my house being taken out from under me.


Asked on 11/14/07, 12:13 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: House owned with partner (both unmarried)

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If A & B are legally married and the house was bought as joint tenants with right of survivorship, the Sate will generally not require the house to be sold to receive Medicaid benefits so long as the spouse remains living in the residence. If you move from the residence, the house will have to be liquidated and 1/2 of the proceeds will be used to pay for B's expenses until it has been exhausted.

Scott R. Jay, Esq.

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Answered on 11/15/07, 1:06 pm


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