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Chapter: 1600 Assets Program: TCA 18 When an individual is a joint owner of an account, the amount that must be considered as an asset depends on:

1. whether the other joint owner is an applicant or recipient; and 2. the individual’s actual ownership interest in the funds in the account.

If the joint owner(s) is an applicant/recipient enrolled or eligible for TCA, the total funds in the account are presumed to be equally shared.

If the joint owner(s) is not an applicant/recipient eligible for TCA, the entire balance of the account is considered as the asset value. 1620.0302.03 Rebuttal of Ownership (TCA) When an individual has unrestricted access to the funds in a joint account but does not consider himself an owner of part or all of the account funds, the individual must be allowed to prove non- ownership of the funds. The individual must provide proof that the account funds are not used to meet his needs. In addition, the individual must explain why his name is on the account.

In order to successfully rebut full or partial ownership, the individual must provide the following three items.

First, the individual must provide a written statement describing:

1. any claims about ownership of the funds or interest from the funds; 2. the reasons for establishing the joint account; 3. the individual that made deposits to and withdrawals from the account; and 4. information on how withdrawals were spent.

Second, the individual must provide a written statement from the other joint owner(s) confirming this information.

Third, the individual must provide documentation from the financial institution that the individual’s name has been removed from the account or the individual no longer has access to the funds in the account. This is not considered to be a transfer of assets. 1620.0304 Ownership of Real Property (TCA) Ownership of real property can consist of an interest in the title or a right to the use of the property without title to the property. The owner of real property is generally the individual who has legal title and the right to control the property. 1620.0305.02 Shared Ownership of Real Property (TCA) When the individual shares ownership with another individual or other individuals, only the individual's ownership interest is included. If there is no documentation defining the portion owned by each individual owner, all owners are assumed to have equal shares in the property.

If the individual cannot sell his share of the property without the consent of the other owner and the other owner refuses to give his consent, the property cannot be considered a countable asset. 1620.0306 Unprobated Estate (TCA) Assets that are part of an unprobated estate are not countable assets.