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Chapter: 1600 Assets Program: MSSI, SFP 7

1640.0307.01 Home Ownership (MSSI, SFP) Home ownership interest is indicated by documentation such as titles, deeds, tax assessments, and mortgage statements. As long as a home is the individual's principal place of residence it is excluded from assets regardless of the type or degree of ownership.

If the home is not the individual's principal place of residence, the home or any portion of the home owned by the individual is included as an asset when determining the individual's eligibility.

Individuals filing an initial application or reapplication for ICP, institutionalized MEDS-AD, Institutionalized Hospice, Home and Community Based Services Programs or PACE on or after November 1, 2007, are subject to the home equity interest standard unless they meet an exception situation. Refer to Appendix A-9. 1640.0307.02 Establishment of Home Ownership (MSSI, SFP) Home ownership interest exists if the individual's name or spouse's name is shown as an owner on one of the following documents:

1. an assessment notice; 2. a recent tax bill; 3. a current mortgage statement; 4. a deed; or 5. a report of title search, or evidence of legal inheritance from an estate whose distribution is not contested.

Ownership can be established for mobile homes by a current registration document or a title.

Ownership of life estate or similar home property rights for which no title exists can be established by a contract, will, deed, or other legal document.

An individual may also acquire an ownership interest in a home through various actions, such as payment of mortgage, construction of additions to a shelter, improvements, or personal considerations. Even though another person holds sole title to the home, an individual may allege ownership interest if he has contributed to the equity or value of the home.

In order to establish an individual's home ownership based on improving the property equity, the eligibility specialist must acquire relevant documents and statements, including written evidence of any mutual understanding or arrangements between the individual and the person holding the title to the home. 1640.0307.03 Shared Home Ownership (MSSI, SFP) If an individual shares ownership interest in a home with other persons, the home is excluded regardless of the eligibility status of the other owners.

Where the home is personal property, such as a house trailer, and an individual shares ownership of the land on which it rests with other individuals, the land is also excluded. If the individual has no ownership interest in the land, any free use of the land must be excluded as well as the personal property home. Where the home is affixed to land owned solely by another, but the individual is shown to have an interest in the land, the policy in passage 1640.0307.02 applies.

An individual may also own the land but live in a personal property home owned by another. In such cases, the shelter remains the property of the other individual and the above policy applies although the land is excluded as the individual's place of residence.