Department of Human Services

Families First Online Policy Manual

Resources

Revised:

17.6

JOINTLY OWNED RESOURCES

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If the Families First AU reports a jointly owned resource (real or personal property that has more than one owner listed), the individualís pro rata share of any countable resource is applied to the AUís resource limit.If the individual can demonstrate that it has access to less than a pro rata share, only the portion to which the individual has access will be counted toward the AUís resource level.

 

If a jointly owned resource cannot be practically subdivided, and access to the AUís share of the resource is dependent on the agreement of the joint owner, and the joint owner who is not an AU member refuses to comply so that the AU member can obtain his/her share of the resource, then the resource is considered inaccessible to the AU.

 

The fact that an AU memberís name appears on a jointly named asset with that of a non-AU member does not conclusively mean that the resource is ďjointly owned.ĒThe AU member must be given the opportunity to prove that he/she does not, in fact, have any ownership rights to the resource.The key to determining ownership is in the written language or oral understanding surrounding the creation of the joint bank account or other jointly named asset.Consider the source of the funds or asset and for whom the use and benefit of the funds/asset are intended and used.This may occur, for example, where an AU memberís name is listed on a joint checking account in which all of the funds belong to an elderly or disabled relative so that the AU member can assist the relative with his/her banking transactions, and the AU member does not use any of the funds for his/her own personal use.The burden of proof that he/she has no ownership in the funds is on the AU member.

 

Glossary

 

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