Page 43

Louisiana Medicaid Eligibility Manual Eligibility Factors

Reissued June 9, 2026

Page 43 of I-1630 Replacing September 23, 2024

Revised/added text indicated by underscore

Deleted text indicated by “**”

• By an appraisal that is less than one year old.

• Obtain a FMV estimate from a knowledgeable third party if the real property did not sell on the open market (e.g., to a relative or act of donation). Note: If the property was sold on the open market, this difference between the asking price and the sale price is not uncompensated value.

Community Property

Louisiana is a community property state. Community property is:

• Acquired during the marriage with community funds, and

• Not divided during the lives of both members of the couple. Neither spouse can sell their interest unless both sell the entire property.

Note: Disregard pre-nuptial agreements, matrimonial agreements, and legal separation of community property during the marriage. Ownership of property for Medicaid eligibility shall be determined in accordance with policy regarding community and separate property as detailed in this section.

Separate property is:

• Property brought into the marriage by either spouse,

• Property inherited by either spouse during the marriage, or

• Property purchased by either spouse with separate funds during the marriage, unless the spouse has made it community property.

When one spouse dies, the survivor:

• Retains one-half ownership interest in the community