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.
1 Answer from Attorneys
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.
Related Questions & Answers
My mother is in a nursing home in Maryland for the pass 9 years covered by Medicaid.... Asked 10/12/10, 3:42 am in United States Maryland Elder Law
Is it true, a person that has poa, ceases once the person the poa is over, dies? Asked 7/12/10, 3:37 pm in United States Maryland Elder Law
My sister has been taking advantage of our father's finances. I was appointed... Asked 12/29/09, 10:52 am in United States Maryland Elder Law
What''s the difference between a general power of attorney and a durable power of... Asked 12/04/09, 9:19 am in United States Maryland Elder Law
Does a DOA have the authority to dictate what the Principal can and cannot do with... Asked 7/27/09, 11:33 am in United States Maryland Elder Law