Can nursing home take my house if husband becomes resident there

Since your home is your and your husband's residence, it is protected until you both have passed away. After Medicare ends, the nursing home staff will tell you that you must pay the nursing home until your husband qualifies for medicaid. Once he qualifies to receive medicaid, you only need to pay the nursing home your husband's income minus certain deductions. One of the most important deductions from his income is the amount you may be entitled to add to your income, called your "Minimum Monthly Maintenance Needs Allowance", which is the minimum amount of income you need for your basic needs. Also, as the "community spouse" you are entitled to keep a certain amount of money. This is called the "Community Spouse Resource Allowance."

To answer your question directly, it is critical you find an elder law attorney in your area who really understands the medicaid rules for your state. Your attorney can determine the amount of assets you can keep, your income, and develop a plan to maximize your income and assets.

After your death, or if you sell your home, the Medicaid office may have recorded a lien on your property, or through the probate process, may attempt to get paid back by forcing the sale of your home after your death. These are also issues which your local attorney can help you with. With a good attorney, you will likely not have to consider divorce.