Will Medicaid take my house in Florida?
How Florida Medicaid treats the family home: why the homestead is not counted, the intent-to-return rule, the $752,000 equity limit, what happens if the house is sold or deeded away, and after death.
Florida Medicaid Guide
Not while it is your home. Florida Medicaid does not count a homestead the applicant lives in, or intends to return to, at any value, though equity over $752,000 blocks long-term care unless a spouse or a minor or disabled child lives there. After death, a Florida homestead that passes to heirs is generally protected from estate recovery.
For most Florida families, the house is safe. The fear that Medicaid "takes the house" is the most common one we hear, and in Florida it is usually misplaced. The home is not counted toward the $2,000 asset limit, it stays exempt while a parent lives in a nursing home, and Florida's constitution gives a homestead unusual protection after death. The exceptions are real, though, and most of them are created by something the family does: selling the house at the wrong time, or deeding it to the children.
Reviewed by Carl B. Zacharia, Esq. , Florida Bar No. 50784, author of Florida Long-Term Care and Medicaid · Last reviewed November 9, 2026. Figures shown are the ones Florida applies as of that date.
Does Florida Medicaid count the house?
No, as long as it is the applicant's principal residence. Under DCF's ESS Policy Manual (passage 1640.0307.01), the home is excluded "regardless of the type or degree of ownership." It does not matter whether the house is worth $150,000 or $700,000, whether it is paid off, or whether it is owned jointly with someone else. A home shared with other owners is excluded whatever the other owners' situation.
What if my parent has moved into a nursing home?
The house stays exempt if your parent intends to return to it. DCF's rule (passage 1640.0543.01) is that a temporary absence does not affect the exclusion, "regardless of the length of absence," when any one of these is true:
- a spouse or a dependent relative still lives in the home;
- selling it would cause undue hardship to a co-owner who lives there; or
- the applicant, or a representative on the applicant's behalf, states an intent to return home.
The statement of intent is subjective. DCF records it, and it is enough; there is no medical test of whether a return is likely, and no time limit. The one condition is that your parent actually lived in the house before leaving it. On the application this is a single answer, and leaving it blank is one of the ways an exempt home becomes a countable one. We make sure it is answered.
What is the home equity limit?
In 2026, a Florida applicant whose equity in the home is more than $752,000 cannot receive nursing home or other long-term care Medicaid ( DCF Appendix A-9 ). Equity is the market value minus any mortgage or other debt, and if the home is co-owned, only the applicant's share is measured.
The limit does not apply at all when one of these lives in the home:
- the applicant's spouse;
- a child under 21; or
- a blind or disabled child of any age.
The equity limit is not an asset test, so it does not change the rule that the home is excluded. A person over the limit still qualifies for regular Medicaid, just not long-term care. DCF can waive the limit for demonstrated hardship, and when equity is near the line it asks for a written market value from a real estate broker, appraiser, or similar professional. A reverse mortgage or home equity loan can bring equity under the limit, but that is a decision to make with advice, not in a hurry.
What happens if the house is sold?
The house is exempt; the money from selling it generally is not. Once the home is sold, the proceeds are cash, and cash counts. A parent who is on Medicaid, or about to apply, can lose eligibility the month the sale closes and then have to spend the proceeds down. Families often sell to "do the responsible thing" and only learn afterward what it cost. If selling is the right decision, it should be timed and planned with the application, so talk to us before you list the house.
Can we put the house in the children’s names?
Not without a penalty, in most cases. Deeding the home to a child, or selling it to a relative for less than it is worth, is a transfer for less than fair market value. If it happens within the 60-month look-back period, Florida imposes a penalty period during which Medicaid will not pay for care (see the look-back guide ). Adding a child's name to the deed is a transfer of part of the home and is treated the same way.
Federal law ( 42 U.S.C. § 1396p(c)(2) ) makes narrow exceptions for transfers of the home to a spouse, to a child under 21, to a blind or disabled child, to a brother or sister who already owns part of the home and lived there for at least a year immediately before the parent entered the nursing home, and to a child who lived in the home and provided care for at least two years immediately before the parent entered the nursing home, care that kept the parent out of a facility. Whether an exception applies, and how any deed should be drawn, are legal questions for an elder law attorney.
What happens to the house after death?
Florida, like every state, must try to recover what Medicaid paid from a recipient's estate after death ( § 409.9101, Florida Statutes ). Florida's recovery reaches the probate estate. A Florida homestead, however, is protected from most creditors by Article X, Section 4 of the Florida Constitution , and a homestead that passes to a spouse or to heirs generally passes free of the Medicaid claim. That is why, in Florida, the home so often reaches the next generation intact.
The protection depends on how the home is titled and how it passes at death, and those are estate planning decisions. They belong with an elder law attorney, not an application service.
How Senior Care Resources helps
We check how the home is titled, whether anyone else lives there, whether the equity is anywhere near the limit, and whether a sale or a transfer is planned, and we make sure the application states the intent to return. When the house raises a legal question, such as a deed, a transfer to a child, or a sale, that work is done by Zacharia Frey PLLC under a separate engagement, or by any elder law attorney you choose. Start your free Medicaid assessment or call (239) 977-5175.
Adapted from Chapter 17 of Florida Long-Term Care and Medicaid (2026 Edition), by Carl B. Zacharia, with the figures updated to the ones Florida applies today.
Frequently asked questions
Do I have to sell my house to qualify for Medicaid in Florida?
No. A home the applicant lives in, or intends to return to, is not counted at any value, as long as the equity is not over $752,000 (the limit does not apply when a spouse, a child under 21, or a blind or disabled child lives there). Selling it usually makes things harder, because the sale proceeds are countable.
How long can the house stay exempt while my parent is in a nursing home?
There is no time limit. DCF keeps the home excluded for as long as the applicant intends to return to it, or a spouse or dependent relative lives there. The applicant or a representative states the intent to return on the application.
What if the house is worth more than $752,000?
The test is equity, not value: market value minus the mortgage and other debt, and only the applicant's share if the home is co-owned. If equity is over $752,000 in 2026, the applicant cannot get long-term care Medicaid unless a spouse, a child under 21, or a blind or disabled child lives there, or DCF grants a hardship waiver.
Can my mother give her house to me to protect it from Medicaid?
Usually not without a transfer penalty. A gift of the home within the five-year look-back is penalized, with narrow exceptions, such as a child who lived there and provided care for two years before the parent entered a nursing home. Talk to an elder law attorney before any deed is signed.
Does Florida Medicaid take the house after death?
Generally not. Florida recovers Medicaid costs from the probate estate, but a homestead that passes to a spouse or heirs is generally protected by the Florida Constitution. How the home is titled and passes decides whether that protection holds, which is a question for an elder law attorney.
Sources
- DCF ESS Policy Manual, Chapter 1600 — Assets (includes the transfer/look-back rules, 1640.0600 et seq.)
- DCF Appendix A-9 — SSI-Related Programs Financial Eligibility Standards
- 42 U.S.C. § 1396p — Liens, adjustments and recoveries, and transfers of assets
- Florida Statutes § 409.9101 — Medicaid estate recovery program
- Florida Constitution, Article X, § 4 — Homestead; exemptions
Related guides
- Florida Medicaid Spend-Down: What Counts, What Is Exempt, and What You Can Do
- The Florida Medicaid Five-Year Look-Back and Transfer Penalties
- Florida Medicaid Income and Asset Limits for 2026
- Protecting the Spouse at Home: Florida Medicaid Community Spouse Rules
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Call (239) 977-5175This page is general information about Florida Medicaid, not legal advice, and nothing here creates an attorney-client relationship. Medicaid rules change and every family’s facts are different.
Senior Care Resources is a separate company from Zacharia Frey PLLC. Its Medicaid application services are not legal services, and no attorney-client protection applies to them. When an attorney becomes involved, that is a separate legal representation with the law firm.