B Joint Ownership

Policy

There are three possible ways jointly owned property can be titled:

·        “Or” between the owners’ names;

·        “And/or” between the owners’ names; and

·        “And” between the owners’ names

If the resource title shows “or” or “and/or” between the owner’s names, either owner can sell, transfer, or dispose of the property without the consent of the other owner.  The full value of the resource is considered available to the each owner.

If the title shows “and” between the owners’ names, all the owners must sign before the resource can be sold, transferred, or disposed of.  If an owner who is not part of the customer’s resource group cannot be located or refuses to sell, the resource is not considered available to the customer.

Resources that are jointly owned must be reviewed as a transfer. See MA902.B and MA902.C

Exception:

There are special rules that affect how jointly owned financial accounts are counted.  See MA705.I for detailed policy.

Definitions

Proof

Proof of joint ownership includes:

·        A copy of the title to the property or a tax statement showing the owners of the property; or

·        A phone contact with the appropriate county assessor’s office to confirm ownership.

Proof that the resource is unavailable includes:

If the other owners can be located, proof of the following must be obtained:

·        The other owner refuses to sell (via written statement or phone contact);

·        The sale of the resource would create a undue hardship to the other owner in the form of loss of housing; and

·        A legal barrier is preventing the customer from selling their portion of the resource.

If the other owners cannot be located, proof must be obtained of the following:

·        Names of all owners;

·        The reason the property is not available; and

·        The reason a written statement of refusal to sell is not available from the other owners.

Legal Authority