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disputes, or legally binding agreements. 3. Resources may not be available if the a/b or financially responsible person is incompetent. Refer to VI. below. 4. The a/b or individual acting on his behalf is responsible for providing evidence that resources are not available. B. Shared Ownership of Resources 1. A/B and Financially Responsible Spouse/Parent Countable resources owned jointly by the a/b and a financially responsible individual are available to the a/b when determining eligibility. Joint ownership of real property by persons who are not married is tenancy-in­ common. (Spouses my also own real property as tenants-in-common, but absent a legally binding agreement to that effect, joint ownership of real property by spouses is as tenants-by-entirety. Refer to Definitions Relating to Real Property, in VII below. NOTE: Tenancy-in-common interest in real property is not countable. Do not count it even if owned by financially responsible individuals. Refer to MA­ 2240, Transfer of Assets, for policy on sanctioning transfers of tenancy-in­ common interest in real property. 2. Individual Who is Not Financially Responsible Countable resources owned jointly by the a/b or financially responsible spouse/parent with an individual who is not financially responsible may be available to the a/b. a. Other Owner Receives Public Assistance If the owner(s) are beneficiaries of Medicaid, Work First Family Assistance (WFFA), Special Assistance (SA) or SSI: (1) If there is no legally binding agreement specifying the share of the resources owned by each individual, divide the value of the asset equally among the owners and count the resulting amount as available to the a/b, or (2) If there is a legally binding agreement specifying the share of the resources owned by each individual, count the value of the share specified for the a/b or financially responsible person. (3) Evaluate for transfer if resources are held jointly with a child for whom the A/B does not have financial responsibility. 13