Legal Question in Elder Law in Maryland

If the husband goes into a nursing home and all financial assets are exhausted and there is still a mortgage on the house which the wife lives in, can the house be taken or a lien be put against it for his medical expenses? House is deeded in both names.

Asked on 10/14/10, 9:10 am

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

Assuming the home is titled jointly as "tenants by the entireties" then creditors of only one spouse (say the husband) cannot get to the house. It doesn't matter if an individual debt is for medical expenses or something else. That being said, if both spouses sign off on a debt (say the wife also agrees to be also responsible for nursing home bills) then a joint creditor can come after joint assets.

(if property is titled jointly in a different way, say as tenants in common, then different rules apply).

The above is not a substitute for personal legal advice, but I hope it helps generally answer your question.

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Answered on 10/19/10, 1:21 pm

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