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I want to remove his name in case something happens to me so someone in the family would be able to sell the house. He is on Medicaid to pay for nursing home expenses.

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When my husband was under hospice care, I inquired at the bank if I could have my husbands name removed from our accounts and was told that only after he died could I, and that I would have to bring his death certificate with me when I did.
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I think, especially as he is on medicaid, and medicaid will want to recover from the house that is partially his upon sale of that property, that anything like you are suggesting would sound to medicaid like fraudulent protection of assets. But I don't KNOW, and unless someone here can tell you they know with a certainty, this is a lawyer question. This is too complex and with repercussions if done wrongly. You cannot afford that kind of risk. I am afraid this is a "lawyer question". I sure wish you both good luck ongoing.
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No, you cannot take his name off your house. First, it should be listed on his Medicaid application. As a Community Spouse you are being allowed to live there.

Upon his death, you will still be able to live there but a lean will be placed on it by Medicaid. If at any time you leave the home or sell it, Medicaid will require the lean be paid. So, if you pass before your husband and the house is sold (must be market value) the proceeds will then go to his care. Any assets you were allowed to keep will go towards his care. There will be no inheritance.

Before you do anything with the house, you should talk to Medicaid. Even if you want to downsize, there are things that need to be considered. Husband owns half the house.
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I think you might want to approach this in a different way.  

First,   the house is  a kind of collateral for the Medicaid assistance he's receiving, and most likely is subject to an already filed Medicaid lien which would have to be satisfied before any sale.

Second, if you're concerned about the ability to sell the house if you're unable or unavailable to do it, it's appropriate to consider who in the family might be able, willing and qualified to handle a sale, then create a DPOA or POA giving that person authority, under specific circumstances.

At that point, you might want to consider having an attorney draft the documents to accomplish this.

Third, you absolutely cannot remove his or anyone else's name from a mortgage.  It would be a breach of the mortgage conditions and under normal, non pandemic conditions, could lead to the mortgage being declared in default for breach of conditions.   A default which isn't cured could lead to foreclosure. 

Fourth, the mortgage was presumably granted based on both your incomes, including whatever pension or SS your husband might have been receiving.  If he's removed as a co-mortgagor (borrower), that would remove his financial assets from the financial assessment.    You alone would then have that full obligation.  

The lender may not find that your income alone is sufficient, and may "call" (accelerate) the mortgage and demand full payment of the outstanding balance.  

Fifth, something is missing from the chain or potential events.  "Removing" your husband's name from the mortgage not only is inappropriate and doesn't make sense, I don't see how it would ease title transfer if you pass.  If anything, I think it would complicate the situation.

I have the feeling that something else is in play here, that there are other reasons for wanting to remove your husband's name from the mortgage.  
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I am taking OP at her literal world.  She says she wants him off house loan (mortgage), not off of deed.  Some banks will allow it, especially if the party being taken off has not income, some will not
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worriedinCali Sep 2020
If you take the OP at her word than what she wants to do is unnecessary because Medicaid doesn’t look at who’s name is on the mortgage. They look at who’s name is on the deed. It’s kinda of obvious she wants his name off the deed & used the wrong terminology or doesn’t realize that she doesn’t need to refinance in order to take his name off the deed.
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You’re going to need a Medicaid lawyer and just so you know, Medicaid may not place a LIEN on the house like some here have said they will. If your husband is already in a nursing home on Medicaid and the house does need to be protected, then that ship has already sailed and taking his name off the mortgage won’t prevent Medicaid Estate Recovery from recovering from his estate.
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