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Question: If your sponse is on Medicad and you are asked for a financial statement to continue benefits, do you have to disclose that you have property, if it is in your name , not your spouses?
Response 1: Yes, because Texas is community property. Assets acquired by one spouse during the marital are community properties regardless whose name is XXXXX XXXXX properties. Unless the property in question was acquired before the marriage and therefore separate property of the spouse that acquired it, then the property does not have to be disclosed.
Can Medicad put a lien on that property to secure payment of bills if the partner is 65 and over?
Response 2: Yes, however, Medicaid usually puts lien after the recipient has passed away for recoupment of benefits paid, and not before. Again, the lien would be put if the property is a community property, but not if the property is a separate property.
I am don't quite follow. Kindly restate?
"If the land was inherited by the spouse from parents and then given as a gift, does that change the lien process?"
Thank you. The property would be considered separate property pursuant to Texas Family Code Section 3.001 and thus may not be subject to Medicaid Recoupment or lien.
Hi, My name isXXXXX am a licensed, practicing Attorney and since the other Expert opted out, I would like to help, if I may
The answers the other expert gave you were totally correct. Texas is a community property state and, therefore, any property acquired by either party during the marriage, regardless of whose name is XXXXX XXXXX deed or title is considered community property in which both souses own an equal share. The only exceptions to this rule are gifts and inheritances which remain the sole, separate property of the recipient spouse.
Therefore, if the 1 acre with a house on it and the 30 acre property were acquired during the marriage, it is community property and belongs to both of them. The wife, therefore would not be able to sell, transfer, dispose of, or give these pieces as a gift without the signature of her husband.
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