One of the most frightening calls we receive goes something like this:
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“My husband just had a stroke and needs to go into a nursing home. We own our house together. Am I going to lose it?” |
It’s a terrifying thought. And unfortunately, it’s a question thousands of Ohio families face every year—often without any warning.
The good news: in many cases, the answer is no—you do not have to lose your home. But it depends on your situation, your planning, and the decisions you make in the days and weeks ahead.
Here’s what Ohio families need to know.
First, Who Owns What?
In Ohio, when a married couple jointly owns a home, each spouse has equal ownership rights. When one spouse needs nursing home care, the other—called the community spouse—generally has the right to remain in the home. Medicaid considers the primary residence an exempt asset for Medicaid eligibility purposes, meaning it typically won’t count against you when applying.
But here’s where most families get caught off guard: the exemption during your lifetime does not mean the home is protected forever.
The Real Risk: Estate Recovery
In Ohio, when a Medicaid recipient passes away, the state has the right to recover the cost of care it paid through a process called Medicaid Estate Recovery. This means the state can make a claim against the deceased spouse’s estate—including their share of jointly owned property.
What this can look like in practice:
- The nursing home spouse passes away
- The state files a claim against the estate for the Medicaid benefits paid
- That claim can affect the home—potentially forcing a sale to satisfy the debt
- The surviving spouse, now widowed, may face losing the family home
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This doesn’t happen automatically—and with the right planning, it often doesn’t have to happen at all. |
What Protections Exist for the Community Spouse?
Ohio law does provide meaningful protections for the spouse who remains at home. These include:
1. The Community Spouse Resource Allowance (CSRA)
Ohio allows the community spouse to keep a portion of the couple’s countable assets—not just the house. As of 2025, the community spouse may keep up to approximately $154,140 in assets in addition to the home.
2. The Minimum Monthly Maintenance Needs Allowance (MMMNA)
If the nursing home spouse’s income is being directed toward care costs, the community spouse may be entitled to receive a portion of that income to cover monthly living expenses.
3. Home Exemption During Your Lifetime
As long as the community spouse is living in the home, it is generally protected from being counted as a Medicaid asset. The risk arises after the community spouse also passes away.
So What Can You Actually Do to Protect the Home?
The most powerful tool is advance planning—ideally done years before a crisis. But even if you’re already in a difficult situation, options may exist.
Option 1: Medicaid Asset Protection Trust (MAPT)
If created at least five years before applying for Medicaid, a properly structured irrevocable trust can shield the home from estate recovery. This is the gold standard for asset protection—but timing is critical.
Option 2: Caregiver Child Exception
If an adult child lived in the home for at least two years before the parent entered a nursing home, and provided care that delayed the need for institutionalization, it may be possible to transfer the home to that child without triggering Medicaid penalties.
Option 3: Transfer to a Sibling with Equity Interest
If a sibling has an ownership interest in the home and has lived there for at least one year before the Medicaid application, certain transfers may be allowed without penalty.
Option 4: Crisis Planning Strategies
Even when a spouse has already entered a nursing home, an experienced elder law attorney can often find legal strategies to protect the home or reduce Medicaid’s eventual recovery claim. These are time-sensitive—and the sooner you act, the more options you have.
What You Should NOT Do
We understand the instinct to act fast when a crisis hits. But some common “solutions” families attempt on their own can backfire badly:
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❌ “We’ll just put the house in our kids’ names.” → This may trigger Medicaid’s 5-year lookback and cause a penalty period that delays benefits. ❌ “We can just sell the house and give the money away.” → Same lookback risk—and the IRS may have opinions too. ❌ “We don’t need to worry—Medicaid won’t come after the house while my spouse is alive.” → True, but the risk doesn’t disappear—it just shifts to after death. ❌ “The social worker at the nursing home said we’ll be fine.” → Social workers are compassionate professionals, but they are not Medicaid planning attorneys. |
The Bottom Line
A jointly owned home is not automatically lost when a spouse enters a nursing home in Ohio. But it is at risk—especially after both spouses have passed—without the right protections in place.
The decisions you make in the early days and weeks of a long-term care situation can have enormous consequences. The right elder law attorney can often make the difference between protecting your family’s home and losing it entirely.