Legal Question in Real Estate Law in Michigan

Quick claim deed

Home was in husbands name only He got sick and was in nursing homes and hospitals for 10 months. He quick claimed deeded house to me. Now we want to put it in both names. Him being sick and maybe needing nursing home in the future, what is the best way for us to do this?


Asked on 12/23/02, 10:33 am

1 Answer from Attorneys

Thomas Weiss McClintic & Weiss, P.C.

Re: Quick claim deed

Many people assume that they have to place the home in one name to protect Medicaid. If this is the case with you and your husband, don't worry. Medicaid exempts your home and one car and therefore the ownership of either does not affect eligibility for Medicaid.

There are a number of ownership options that would permit the home to avoid probate. For example, the two of you could own the home as "Joint Tenants with full rights of survivorship" which means that you both own the right to occupy the home, and when the first of you dies, the other receives full ownership of the home as a matter of law.

Tenancy by the Entireties is another option available to a married couple. The death of one spouse gives title to the other.

A "quit claim deed" is a simple, one page document that transfers whatever interest you may have to another. In this case, if you wanted to place his name back on the home, and there should be no good reason not to, you would quit claim from you to you and him together.

I hope his health improves.

Tom Weiss

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Answered on 12/24/02, 4:24 pm


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