Q: I have been separated for 6 years and my husband may have to go to a nursing home. Can they take my house?
A: The answer to that question depends on additional information that you would need to provide. However, I can say the Medical Assistance laws provide protections for a spouse that would include the marital residence if the healthy spouse is residing in it. You mentioned that you are separated, so the details of that may impact whether you can maintain this protection, or if other protections may be available because of your current marital status. You should seek the advice of an attorney that specializes in both divorce and long-term care/asset protection laws.
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