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TITLE 16 HEALTH AND SAFETY DELAWARE ADMINISTRATIVE CODE 13 Tax refunds and advance payments with respect to a refundable tax credit received after December 31, 2009 through December 31, 2012 are excluded from resources for the twelve calendar months following the month of receipt. Any portion of the refund or payment that is still retained after that twelve- month period will be a countable resource. Any retained portion of a tax refund and/or advance payment that was received on or after January 1, 2013 will be a countable resource the month following receipt. 14 DE Reg. 1364 (06/01/11) 16 DE Reg. 1077 (04/01/13) 20320 Ownership of Real Property by Institutionalized Individuals Real property is land, including houses or immovable objects attached permanently to the land. The terms real estate, realty, and real property are used synonymously with one another and designate real property in which an individual has ownership rights and interests. When an applicant/recipient of Medicaid institutional services is the owner of real property, the following procedure and eligibility rules apply. 20320.1 Types of Ownership 20320.1.1 Fee Simple 20320.1.2 Tenancy in Common 20320.1.3 Tenancy in the Entirety 20320.1.4 Joint Tenancy 20320.1.5 Life Estate 12 DE Reg. 1324 (04/01/09) 20320.1.1 Fee Simple In fee simple ownership, the owner is completely free of conditions imposed by others. 20320.1.2 Tenancy in Common In tenancy in common ownership, each owner has a part interest in the property and each portion can be sold separately. 20320.1.3 Tenancy in the Entirety Tenancy by the entirety only applies to married couples. If a husband and wife are sole owners of a property and the deed does not specify type of ownership, there is a precedent in Delaware law that allows the presumption that ownership is "tenancy by the entirety". These terms refer to property owned by a husband and wife where each member has ownership interest in the whole property which is indivisible. Ownership by the entirety can only be dissolved by death or divorce. 20320.1.4 Joint Tenancy In the case of joint tenancy each owner has an equal interest in the whole property and each equal part can be sold with the agreement of the co-owners. 20320.1.5 Life Estate In the case of lifetime rights the individual may live in or use the property during their lifetime, but has no ownership rights. The individual merely has the right to live in the property. 10 DE Reg. 1596 (04/01/07) 12 DE Reg. 1324 (04/01/09) 20320.2 Eligibility Factors of Types of Ownership 20320.2.1 Joint Owners 20320.2.2 Life Estate 12 DE Reg. 1324 (04/01/09) 20320.2.1 Joint Owners 20320.2.1.1 Tenancy by the Entirety 20320.2.1.2 Joint Tenancy 20320.2.1.3 Principal Place of Residence 20320.2.1.1 Tenancy by the Entirety If ownership is a tenancy by the entirety and both spouses are still living the property will not be considered a resource. If the ownership is in fee simple or tenancy by the entirety with one spouse deceased, the entire equity value of the property is considered a resource according to sections 20320.3, 20320.4, and 20320.5. 20320.2.1.2 Joint Tenancy