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Larnsal Asked February 2022

Wife got approval on Medicaid, need to remove her name on the mortgage as well as the title. Is there a workaround instead of refinancing?

needtowashhair Feb 2022
You may not need to do any of that. Consult with a lawyer about the laws in your state. It also depends on what type title you have. In many states, unless an asset goes through probate, then it can't be subjected to medicaid recovery. If your deed has right of survivorship, then it becomes yours when your wife passes. Medicaid can't recover against it.

Again, check with a lawyer about your circumstances. I would be more concerned about the mortgage than the deed. If your wife qualifies for medicaid, then how can she have any money to be paying on a mortgage?

JoAnn29 Feb 2022
Yes see an elder lawyer. I don't think you can take her off the deed. Especially if the house was mentioned on the application. You can remain in the house but upon her death the house becomes an asset that Medicaid can recover her care from. They will place a lien on her half. Which will need to be satisfied upon your passing or if you sell.

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AlvaDeer Feb 2022
That I know of there is no way to remove someones name on the title of a home. I think that you might need the advice here of an elder law attorney. I am assuming that your fear is that Medicaid may come after your wife's share of the assets of the home upon sale of the home in the future. You really need to seek the advive of an attorney who will be able to tell you the best way to do a division of assets in a way that your wife's assets are protected for HER and for recover of funds spent on her while your OWN portion of the assets is protected for you. You would have difficulty doing a refi I THINK also, if both retired, and the main point here is to know whether your wife is at present mentally competent enough to do any of these things.
Please see an attorney. An hour of time is well worth the money when you are talking money, finances, legaities. Sure do wish you the very best.
MJ1929 Feb 2022
You absolutely can remove someone from the title -- divorces do it all the time -- but not from a mortgage.
BarbBrooklyn Feb 2022
Eldercare attorney, NOW.

FLcaregiver4two Feb 2022
Seek the advice of an attorney that specialized in Wills and/or eldercare so that you can avoid making a costly mistake.

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