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Will I Lose My House if My Spouse Goes into a Nursing Home?

Will I Lose My House if My Spouse Goes into a Nursing Home?

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  • Elder Law Attorney in Blue Bell, Pennsylvania

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With offices conveniently located in Blue Bell, Pennsylvania, Pile Law Firm proudly serves clients throughout Montgomery County and across the greater Philadelphia region—including Bucks, Chester, Delaware, and Lehigh Counties, as well as select areas of New Jersey. Our mission is to make estate planning, elder law, probate, and special needs planning accessible to families in every community we reach. Whether you’re in Blue Bell, Norristown, King of Prussia, Doylestown, or beyond, our team is dedicated to helping you protect what matters most with trusted legal guidance and compassionate service.

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As we age, life can change dramatically, and we are confronted with questions we never thought we’d have to address. Most older couples are on Medicaid and have Social Security income, but medical costs, everyday living expenses, and especially the cost of a nursing home can be overwhelming.

One of the most common situations is that one spouse must enter a nursing home due to health or mental issues, but the other is capable of living in their family home and desperately wants to do that. This can be an emotional, heart-wrenching situation, but an experienced, empathetic Blue Bell estate planning lawyer can be of significant help.

The federal government has legal protections that ensure that you, as a healthy spouse, do not go broke or are left without a place to live after your spouse enters a nursing facility.

Usually referred to as “Spousal Impoverishment Protection,” or Division of Assets. The law states that you, as the spouse living at home, have enough money to live by protecting certain income and assets.

So, very simply put, if you are the community spouse and wish to continue to live in your home, you will not lose it. This usually holds, no matter how valuable your current home is worth.

In addition to your home being exempt, there are other specific assets that fall under this law, and you are permitted to hold onto them.

Some of these assets are:

  • Most household items.
  • Personal effects, and one vehicle.
  • Pre-paid funeral expenses and plans, including burial plots.
  • Life insurance policies that have a face value no greater than $1,500 (but this can vary).

All rules and government laws are not as simple as stated, and each situation is unique. Your lawyer will familiarize themselves with your case and ensure you know all the available legal options.

Are There Any “Conditions” I Must Meet to Keep My Home?

As stated, the legalities of dealing with the rules and regulations of Medicaid, etc., are legally confusing and challenging to navigate.

If your spouse must enter a nursing home in Pennsylvania, you can be eligible for nursing home medical assistance and keep your home if you express an intent to return to that home.

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Even if your spouse has little chance of returning, the house is exempt if you legally state that they intend to return home.

The laws intend that your home be there in case your spouse returns. This allows you to have a nursing home bill paid by medical assistance and still keep your own home.

As always, there may be “catches” to this benevolent attitude, and even though your house is exempt while you’re living, the Department of Human Services is, on the sidelines, waiting. They may have a legal claim on your estate based upon all the nursing home benefits you have previously received through medical assistance. So, upon the death of your spouse in the nursing home, it may now be necessary to sell the house to pay back medical assistance benefits.

There are many “hoops” to go through and overcome to ensure that all your rights are preserved and you can provide for your spouse and yourself. Your Philadelphia, Montgomery, Delaware, Chester, or Lehigh County estate planning lawyer is experienced in dealing with all of these legal details and will fight to ensure that all your options are covered.

Are There Are Other Measures Available to Help, Such as “Transferring” My Home?

Yes, it is sometimes possible for you to transfer your home to another and live there. However, you can usually do this only under specific circumstances.

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Some of the rules and circumstances involved are:

  • Your home can usually be transferred to you as the spouse.
  • If you have a child living with you who is under 21 and is blind or disabled.
  • You may transfer your home to a sibling if they have an interest in the house and lived there for at least one year before a spouse enters a nursing home.
  • Also, you may be able to transfer your home to a child if they lived in the home years before you moved to a nursing home and the child provided care to you which helped you remain at home rather than enter a  facility.

This legal remedy can be, at the least, “tricky,” and you must have the help of a Blue Bell estate planning law team that will help ensure you are doing the right thing for you and your family.

How to Protect Assets if Your Spouse Goes Into a Nursing Home?

“Estate planning” is the usual term used to describe the process of organizing and planning the orderly transfer of property and assets upon death. Estate planning deals with death, inheritance tax issues and much more.

However, long-term care planning combines estate planning with the many concerns of protecting and preserving your hard-earned assets from the enormous costs of long-term care.

Your experienced estate planning lawyer is very adept at “Long term” care planning, which is concerned with questions such as: “What if I, or my spouse, become seriously ill or disabled and need extensive care or have to live in a nursing home?”

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Your Blue Bell estate planning and elder law attorney will thoroughly analyze your financial situation and prepare a viable plan for both death and disability that may require long-term nursing home care. This plan will be formed to fit the needs of your situation as you and your spouse age and ensure that you both have the best quality of life possible.

My Spouse Needs to Enter a Nursing home; How Should I Obtain Guidance?

Unfortunately, the time has come, and you realize that your spouse is facing an impending health crisis, dementia, or another illness and she can no longer live at home.

This is an emotional and overwhelming situation, but you still must take care of yourself and find answers on how to remain living at home.

Your Philadelphia, Montgomery, Delaware, Chester or Lehigh County elder law attorney’s key role is to help solve the numerous issues that arise and provide professional, empathetic legal guidance to ensure that optimum “quality of life” is preserved for you and your spouse.

Don’t try to navigate these legal issues alone, as too much is at stake. Consult with your local elder law attorney and plan your moves carefully so that you, and your spouse, are cared for with the dignity and respect you both deserve.

Sherill Regidor - Client Intake Specialist

Sherill Regidor brings over 14 years of customer service expertise to her role as a Client Engagement Specialist at Pile Law Firm. In her position, Sherill is dedicated to managing the client experience with excellence. She adeptly addresses client concerns, answers phone calls, gathers client information, and fosters strong relationships with clients. With a keen understanding of the importance of exceptional customer service, Sherill ensures that every client interaction is handled with care and professionalism. Her wealth of experience and commitment to client satisfaction make her an invaluable asset to our team.

Yna Espinosa - Client Intake Specialist

Yna Espinosa brings 14 years of customer service experience and a heartfelt dedication to her role as a Client Engagement Specialist at Pile Law Firm. With a background in nursing home management, Yna possesses a deep understanding of people’s needs and the experiences that bring clients to our office. Her versatile professional background, spanning industries such as healthcare, hospitality, horticulture, and customer service, has equipped her with invaluable skills in relationship building and client care. Yna’s passion for growth and learning drives her commitment to providing exceptional service and ensuring that every client interaction is handled with empathy, professionalism, and attentiveness.

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As the Client Engagement Manager and Culture Ambassador at Pile Law Firm, Jae A. Spencer ensures every client receives exceptional service from their first interaction. Leading the Client Engagement team, Jae streamlines the intake process with care, efficiency, and attention to detail. Beyond client service, Jae champions a positive workplace culture through team-building and initiatives that promote collaboration, inclusion, and balance. With a passion for people and a commitment to excellence, Jae strengthens both client relationships and the firm’s internal community—reflecting Pile Law Firm’s dedication to compassion, integrity, and outstanding service.

Blythe Adamo - Paralegal

Blythe Adamo brings over a decade of paralegal experience and a wealth of expertise in Real Estate, Guardianships, and Medicaid Planning to her role at Pile Law Firm. With her extensive knowledge of Medicaid, Guardianships, Estate Planning, Estate & Trust Administration, and Real Estate, Blythe plays a pivotal role in supporting our legal team and ensuring the smooth execution of complex matters. Her dedication to detail, coupled with her profound understanding of legal intricacies, enables her to provide invaluable assistance to our attorneys and clients alike. Blythe’s commitment to excellence and her passion for serving others make her an indispensable asset to our firm.

Sheri A. Hunt - Paralegal

Sheri Hunt, Paralegal at Pile Law Firm, brings over two decades of experience in the legal industry, specializing in Estate Administration and Taxes. With a keen focus on excellence, Sheri is dedicated to providing top-notch service to our clients. Her extensive knowledge encompasses all aspects of estate and trust administration, along with proficiency in preparing PA Inheritance, Fiduciary, and Individual Income Tax returns. Sheri’s expertise ensures that our clients receive exceptional support and guidance throughout the estate management process, reinforcing our commitment to delivering unparalleled client experiences.

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