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When a non-recipient is one of the joint owners of real or personal property, the availability of the applicant/recipient's proportionate share must be determined. If the individual has the unrestricted right, authority, or legal ability to liquidate or dispose of the property or their share of it, the proportionate share is available to them. If the joint owners do not have unrestricted rights to sell their interest in real property according to the title or other legal document, statements must be obtained from all joint owners to determine if they are all willing to sell the property. If all joint owners are willing to sell, then the property will be considered available. 2605.10.10 JOINT OWNERSHIP OF VEHICLES
This section addresses the determination of "availability" of jointly owned vehicles. A jointly owned vehicle is considered an available resource to the Assistance Group (AG) when: • It is jointly owned with other applicant/recipient(s) who may or may not be in the same AG, or living at the same address; • It is jointly owned with a non-recipient who lives with the AG and either owner has physical possession and/or use of the vehicle and the non-recipient owner agrees to sell the vehicle; • It is jointly owned with a non-recipient who does not reside with the AG, but the AG has physical possession or use of the vehicle, and the non-recipient owner agrees to sell the vehicle; • It is jointly owned with a non-recipient who does not live with the AG and the AG does not have physical possession or use of the vehicle but, the joint owner is willing to sell the vehicle, thus enabling the client to obtain their share of the vehicle's value.
If the client cannot legally sell the vehicle or take action to remove their name from the title the vehicle will not be considered to be available even in the situations listed above. The client must provide proof that the vehicle is not legally available by presenting court or BMV documents.
Therefore, when a vehicle is found to be jointly owned with a non-recipient, the AG must be asked if the non-recipient is willing to sell the vehicle. If the non-recipient is not willing to sell, verification of the non-recipient's statement must be obtained. The recipient must cooperate in locating and obtaining verification from the non-recipient. 2605.15.00 AVAILABILITY OF RESOURCES
Resources are available if the owner has the unrestricted right, authority, or legal ability to liquidate or dispose of the property or their share of the property. Resources must be available to be counted in the eligibility determination. Refer to Section 2605.10.10 regarding the availability determination of jointly owned vehicles. 2605.15.05 INSIGNIFICANT RESOURCES (S)
Resources are exempt if the AG is unable to sell the resources for any significant return because the AG's interest is relatively slight or because the cost of selling the AG's interest would be relatively great. This exclusion applies only to non-liquid resources such as: • vehicles; and