120 Jointly Owned Assets

(A) Assets owned jointly by separate households shall be considered available in their entirety to each household unless the applicant or recipient household can demonstrate that the asset is inaccessible to that household. If the household has access to only a portion of the asset, the value of that portion shall be counted toward the household's asset level. The entire asset shall only be deemed unavailable or inaccessible to the household if the asset cannot practically be subdivided and access to the asset is dependent on the agreement of a joint owner who refuses to comply. For purposes of 106 CMR 363.120, ineligible noncitizens and disqualified individuals residing with the household shall be considered household members. (B) Jointly owned assets shall be considered inaccessible to persons residing in shelters for battered women and children, as defined in 106 CMR 365.550: Residents of Shelters for Battered Women and Their Children, if: (1) the assets are jointly owned with members of their former household; and (2) access to the asset is dependent on the agreement of members of the former household.