How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Chris T., JD Your Own Question

Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3617
Experience:  Experienced in both state and federal court.
Type Your Legal Question Here...
Chris T., JD is online now
A new question is answered every 9 seconds

When two people, seniors, one on disability, marry and have

Customer Question

When two people, seniors, one on disability, marry and have separate assets, and one enters a nursing home, assets of both parties can be taken or liened to satisfy payment to the nursing home. If these people divorced, can the assets of the other still be seized? If so, is there a solution other than living together in sin? We are in Florida.
Submitted: 1 year ago.
Category: Legal
Expert:  Chris T., JD replied 1 year ago.

TexLawyer :

Good afternoon. I'll be assisting you with your question.

TexLawyer :

If the parties are divorced, the assets of one spouse cannot be taken to satisfiy the debts of the other.

TexLawyer :

As for seizing your separate property to pay the nursing home debt, that is a much more complicated issue.

TexLawyer :

One spouse has a duty to provide for the other spouse's essential needs, which includes food, shelter, etc.

TexLawyer :

Also, the wording of the contract with the nursing home is significant. If you jointly took the debt, then your separate property is subject to forfeiture.

TexLawyer :

So, if a judge were to find that this is a joint debt, your assets are at risk.

Customer: So,,, I still don't understand, What if there is a legal separation? I'm assuming that means nothing, however. It's sort of not being able to have your cake and eat it too eh? If one needs the benefits of the one in the nursing home, divorcing shuts that off. Separated, you are still married. And I also assume a nursing home would insist on both parties signing a contract before admitting. These answers are the same no matter which state?
TexLawyer :

The state does matter, but my answers are Florida specific. That said, most states follow similar rules.

TexLawyer :

Let me do a little research on a few matters. It should take about an hour or so and I will get back with you. Is that OK?

Customer: I do appreciate your answers and understand that it can be complex. It's just others have advised that divorcing can save assets. But probably not benefits. Thank you! I can pay now and still wait? By email, chat?
Customer: Oh also my property is in CT.
TexLawyer :

You don't need to pay until the answer is complete

TexLawyer :

Is this property real estate?

Customer: Yes. A few. Most mortgaged
Customer: Sorry had a freeze up
Customer: I got an email to rate you...but you asked that I wait an hour or so. Are we finished?
Customer: Are you online?
Customer: I was kicked offline and am back.
Customer: I know you can get back to me via email so I will rate and pay you now. Thank you!
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3617
Experience: Experienced in both state and federal court.
Chris T., JD and other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for the information. I didn't expect anything clear cut but you did give good advice, albeit not one that makes me any happier ;-). Have a good day and thanks again!
Expert:  Chris T., JD replied 1 year ago.
Thanks for understanding. Good luck!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.