According to your profile, your spouse is on NY Medicaid. You definitely need to consult an elder law attorney who has experience dealing with Medicaid. Medicaid does a 5-year look back. Selling the home now will send up a red flag to Medicaid and they will have questions about the sale as Medicaid always try to recoup the money spent on a patient upon his death. If the home is sold, Medicaid might want you to put the money from the sale in a trust and they will put a lien on that trust. Hiring an elder law attorney is a bit pricey, but it will be worth it in the end.
Besides seeing a certified elder law attorney, you may also want to consult with a Medicaid Planner for NY. Not every elder law attorney is versed in Medicaid (and also because the rules change often). Medicaid rules vary by state also.
Goggy is correct. You definitely need an hour of time from an Elder Law Attorney. Take all details with you such as the title and deed to the home, any POA documents you have and any details you can imagine the attorney might need to know. You will find best options from this expert advice for your own home and per the laws of your own estate. Take a list of all questions. For myself I am not certain if you mean your question to be "Can I as the spouse of my husband sell our home" or if you mean "Can my spouse sell a home we co-own".
When expert advice is needed always contact an expert. I understand there is expenses involved, but you can't afford to be wrong in cases such as this, and you need to know all the ins and outs of sales, division of assets if more than one person on deed, and etc. I wish you the very best of luck.
You need an attorney ASAP. New York is not a community property state so if he hold the deed to the property he can sell it. You need an attorney to help guide you through all of this. Best of luck to you.
https://www.agingcare.com/discussions/can-spouse-sell-home-if-wife-is-on-new-york-state-medicaid-486726.htm
When expert advice is needed always contact an expert. I understand there is expenses involved, but you can't afford to be wrong in cases such as this, and you need to know all the ins and outs of sales, division of assets if more than one person on deed, and etc.
I wish you the very best of luck.
I do not know the answer to your question. I live in a community property state. Laws are different here. See an attorney.
Others will chime in with their advice.
Wishing you all the best.