An official State of Texas website.
Revision 20-4; Effective December 1, 2020
Transfer of the person's home does not result in a penalty when the title is transferred to the person's:
- spouse who lives in the home (the transfer penalty applies when the community-based spouse transfers the home without full compensation);
- minor child under age 21 or child who is disabled. Disability must meet Social Security Administration (SSA) disability criteria. Additionally, there is no age limit for the person's child who is determined disabled under the SSA criteria;
- sibling who has equity interest in the home and has lived there for at least one year before the person's institutionalization;
- son or daughter (other than a disabled or minor child) who lived in the home for at least two years before the person's institutionalization and provided care that prevented institutionalization (obtain a written statement from the institutionalized person’s attending physician documenting that the person was able to remain in their home because of the care provided by the son or daughter); or
- children, siblings, etc., if the deed is an enhanced life estate or Transfer on Death deed and has been approved by the regional attorney, and the person signs a statement that they intend to return to the home.