If you are healthy and still living independently, but your spouse needs nursing home care, your primary home will not be counted as a resource when determining eligibility. This means your spouse can still qualify for Medi-Cal and can receive nursing home care while you keep your house.
If the house is in the name of the individual needing nursing home care, there are five exceptions put in place for the individual to be eligible for Medi-Cal while not selling the house.
- The individual states an intent to return to the home at some point.
- The individual’s spouse, dependent relative, or children under 21 still live in the house.
- It is a multi-unit house with people living in the other units.
- There are legal issues preventing the sale of the house.
- A sibling or adult child is living in the home that has an equity interest or has lived there for at least 12 consecutive months prior to the owner going into the nursing home.
Under these exceptions, the well spouse is guaranteed to be able to keep the house and continue living there. However, it is important to note that these rules are for eligibility only. If the Medi-Cal beneficiary dies, and the house is still in his or her name, Medi-Cal can make an estate claim on the house for unpaid expenses.