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Paying for care

Can a nursing home take your house? Medicaid, liens and estate recovery

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Key takeaways

  • Under federal Medicaid law, liens and estate recovery are carried out by the state Medicaid agency, not by the nursing home. A nursing home's own collection of unpaid bills is a matter of state law.
  • For 2026, a person whose home equity is above the state's limit, between $752,000 and $1,130,000 depending on the state, does not qualify for Medicaid nursing home care unless a spouse, or a child under 21 or a blind or disabled child, lawfully lives in the home (a hardship waiver may also apply).
  • States must seek repayment from the estate of a Medicaid recipient for nursing home care received at age 55 or older, but only after a surviving spouse has died and only when there is no surviving child under 21 and no blind or disabled child.
  • A home can be transferred without a Medicaid penalty to a spouse, a child under 21, a blind or disabled child, and in limited cases a sibling or a caregiver child.

Under federal Medicaid law, the rules that can reach a house are applied by the state Medicaid agency, not by the nursing home: the home equity limit when someone applies, a lien in limited cases while the person is alive, and estate recovery after death. Federal Medicaid law does not address a nursing home's own collection of unpaid bills; that is governed by state law. A certified nursing home may not request or require a third party, such as a family member, to guarantee payment as a condition of admission or continued stay. A spouse, a child under 21 and a blind or disabled child have special protections at each of these steps.

Which rule applies to you?

SituationThe federal rule
Applying for Medicaid nursing home coverageHome equity above the state's limit makes the person ineligible, unless a spouse, a child under 21 or a blind or disabled child lawfully lives in the home (a hardship waiver may also apply).
Living in a nursing home on MedicaidThe state may place a lien only in limited cases. It may not place the lien for a permanently institutionalized resident while a spouse, a child under 21, a blind or disabled child, or a sibling with an equity interest who meets the residence rule lawfully lives there.
After deathThe state must seek repayment from the estate for nursing home care received at age 55 or older, but only after a surviving spouse has died and only if there is no surviving child under 21 and no blind or disabled child.
Giving the home awayA transfer for less than its value within the 60-month look-back can lead to a penalty period, except transfers to certain family members.

What is the home equity limit?

A person whose equity in their home is above the limit does not qualify for Medicaid nursing home or other long-term care services (42 U.S.C. § 1396p(f)). For 2026, CMS lists a minimum limit of $752,000 and a maximum of $1,130,000. Each state uses a figure in that range, so check with your state Medicaid agency.

For the other financial limits, see how Medicaid pays for a nursing home.

Can the state put a lien on the house?

Only in limited cases. Before death, a state may place a lien on a Medicaid recipient's real property only under a court judgment for benefits paid incorrectly, or when the person lives in a nursing home or other medical institution, must pay nearly all their income toward their care, and the state decides, after notice and a chance for a hearing, that they cannot reasonably be expected to be discharged and return home (42 U.S.C. § 1396p(a)).

The state may not place that lien on the home while any of these people lawfully lives there:

The lien ends if the person is discharged and returns home.

What happens to the house after death?

Federal law requires states to seek repayment from the estate of a Medicaid recipient who was 55 or older when they received benefits, for nursing home care, home and community-based services, and related hospital and prescription drug services (42 U.S.C. § 1396p(b)). States may choose to recover for other Medicaid services too.

Estate recovery is done by the state Medicaid agency, not by the nursing home. See Medicaid.gov on estate recovery.

Can you give the house to family?

Giving away assets or selling them for less than their value on or after the look-back date, 60 months before the first date the person is both in a nursing home (or getting nursing-home level care in a medical institution) and has applied for Medicaid, can lead to a period when Medicaid will not pay for nursing home care and certain other long-term care. Federal law makes an exception for transferring title to the home to:

See Medicaid's 5-year look-back for how the penalty is counted.

Where to get help

These rules are applied by your state Medicaid agency, and states choose their own home equity limit within the federal range, how broadly they define the estate, and their estate recovery hardship procedures within federal standards. Your state Medicaid agency can tell you which rules it uses, and an elder law attorney can explain your options. The long-term care ombudsman can help with problems in a nursing home. See also signing as the responsible party.

Common questions

Can a nursing home take your house?

The federal Medicaid rules that can reach a house are applied by the state Medicaid agency, not by the nursing home: the home equity limit for eligibility, a lien in limited cases, and estate recovery after death. A certified nursing home also may not require a family member to guarantee payment. Whether a nursing home can pursue unpaid bills in court is a matter of state law.

Does Medicaid take your house after you die?

The state must seek recovery from the estate of a Medicaid recipient for nursing home care received at age 55 or older. Recovery can happen only after the death of a surviving spouse, and not while there is a surviving child under 21 or a blind or disabled child. The estate always includes the probate estate, and a state may also include property that passes outside probate. States must have a hardship waiver.

Can Medicaid take the house if my spouse still lives in it?

While the resident is alive, the state may not place a lien on the home because the resident is permanently in a nursing home if the spouse lawfully lives there, and estate recovery must wait until after the surviving spouse has died. The home equity limit also does not apply when a spouse lives in the home.

Can I give my house to my child to qualify for Medicaid?

Giving away a home or selling it for less than its value within the 60-month look-back can lead to a period when Medicaid will not pay for nursing home care. Federal law exempts transfers to a child under 21, a blind or disabled child, or a son or daughter who lived in the home for at least two years just before the parent entered the nursing home and gave care that let the parent stay at home, as the state determines.

What is the Medicaid home equity limit for 2026?

CMS lists a minimum of $752,000 and a maximum of $1,130,000 for 2026. Each state uses a figure in that range. A 2025 federal law changes the limit from January 1, 2028: above the minimum, a state's limit may not exceed $1,000,000 except for a home on land zoned for agriculture.

Sources

This guide is general information, not legal or financial advice. Rules differ by state and change over time, so confirm the details with your state Medicaid agency, your long-term care ombudsman or an elder law attorney.

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