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b. Count all resources that are available to the a/b either because he has recovered sufficiently to access his resources himself or because of the appointment of a legal guardian of the estate who has authority to access his resources, beginning with the first day of the month following his recovery or the appointment of a legal guardian (and in the case of real property, court approval of sale). VII. REAL PROPERTY ASSETS Real property consists of land and any attachments such as dwellings and other buildings. Property other than the home site may be a countable resource unless it can be excluded for one of the reasons in VII.A. below. Please review the following for definitions of types of ownership and property interest. Single Ownership – Property owned by one individual. Tenancy-By-Entirety Property owned jointly by husband and wife. Most property owned by a husband and wife is held by them as tenants-by-the-entirety. If the conveyance of the property is made to the couple during the marriage, they hold the property as tenants-by-the-entirety even if it is not specifically stated in the deed. If the couple divorces, the tenancy-by-the-entirety is dissolved and the former spouses become tenants-in-common of the property and either person can market his half-share. Legal separation does not dissolve tenancy-by-the-entirety. Tenancy-In-Common Property owned jointly by two or more individuals who generally are not husband and wife. Property owned by 2 or more persons who generally are not married to one another or given to 2 or more persons by gift, will, or by intestate succession is held as tenancy-in-common. These related or unrelated persons have an undivided fractional interest in the whole property for the duration of the tenancy. An individual owner may sell or give his individual interest in the property to another without the consent and participation of the other owners, and he may file suit with the court for partition of the property. Though property owned jointly by husband and wife is owned by tenancy-by-entirety, a legally binding agreement can be made that creates tenancy-in-common between husband and wife. Life Estate Interest An individual may transfer his property to another and retain certain rights in the property, such as the right of possession and use of the property, the right to obtain profits from the property, and the right to sell his life estate interest for his lifetime. Its duration is measured by the lifetime of the tenant or of another person, or by the occurrence of some specific event, such as remarriage of the tenant. The contract establishing the life estate may restrain one or more rights of the individual. He does not have title to the property, and he does not have the right to sell the property. 29