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Title 8: Medicaid Page 79 Iowa Department of Health and Human Services Employees’ Manual Chapter D: Resources General Non-MAGI-Related Resource Policies Revised September 13, 2024 Joint Ownership of Real Property

Mr. J owns 40% of a 100 acre farm as tenant in common with his brother. The interest is referred to as “undivided.” Specific acres are not identified as belonging to Mr. J, but he could sell his 40% interest. If Mr. J dies, his ownership passes to his heirs. “Joint tenancy” means that two or more persons own an interest in and possession of the entire property. An owner’s portion can be sold. If an owner dies, the ownership passes to the other owner.

Mr. J owns 40% of the 100 acre farm with Mr. T in joint tenancy. His interest is undivided but he could sell his 40% interest. If Mr. J dies, his ownership interest passes to Mr. T. “Leasehold” means the lessee has the right to the use of the property for a specified period of time. A lessee may sell that right. Verify the countable value with a statement from a knowledgeable source. Disputed Ownership Legal reference: 20 CFR 416.1201, 20 CFR 416.1208 Count jointly owned resources unless the client rebuts ownership. Allow the client to rebut ownership of all or part of jointly owned liquid and nonliquid resources. To do this, the client must establish:  That the client’s money is not deposited in the resource, or the proportion of money deposited by the client in relation to the total money deposited.  The reason for the joint ownership.  Whether the client made any withdrawals from the resource for the client’s own use, or made withdrawals proportional to the client’s share of the money.  Whether the resource was altered to reflect true ownership interest. If the client successfully shows either no ownership or partial ownership and changes the resource to reflect this, the ownership is then established at the beginning of the financial arrangement. Count only the part that the client could not prove belonged to another person. See Liquid Resources for countable amounts of co-owned checking and savings accounts.