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Read moreWho Gets the Home if the Community Spouse Dies?
- July 9th, 2025
Q
If the community spouse dies, who gets the home? The nursing home spouse does not have her name on the home.
A
If the community spouse (the spouse not requiring long-term care) dies and their name is not on the deed or title of the home, determining who inherits the home involves several legal factors.
Key Factors Determining Home Ownership After Death
The following factors are crucial to determining home ownership:
- Deed or Title Ownership. Whoever is listed as the legal owner on the property deed or title generally owns the home.
- Estate Planning Documents. Wills, trusts, and other estate planning documents dictate how assets are distributed after death.
- State Laws. State laws regarding probate, inheritance, and spousal rights (such as elective share or homestead rights) play a significant role.
Possible Scenarios and Outcomes
Here are a few possible scenarios and how they might affect home ownership:
| Scenario | Possible Outcome |
|---|---|
| Home solely owned by the institutionalized spouse | The home will likely pass according to the institutionalized spouse's will or state intestacy laws if there is no will. Probate will likely be necessary. |
| Joint ownership with rights of survivorship | If the home is jointly owned with the right of survivorship, the surviving owner automatically receives the deceased owner's share. |
| Tenants in common ownership | Each owner's share passes to their respective heirs or beneficiaries, as specified in their will or state law. |
| Home held in a trust | The trust documents dictate how the home is managed and distributed upon the death of the community spouse. |
Importance of Legal Advice
It is strongly recommended to consult with an estate planning attorney or elder law attorney in your jurisdiction. They can provide advice specific to your situation and ensure compliance with state laws.
Key Takeaways
- The home’s legal title and any estate planning documents determine ownership after the community spouse’s death.
- State laws on inheritance and spousal elective share rights are crucial.
- Seeking legal advice is essential for personalized guidance and compliance.
Disclaimer: This information is for educational purposes only and not legal advice. You should consult an attorney for advice specific to your situation.