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MAABD MAABD MAABD MAABD MAABD MAABD MAABD MAABD E-410 Division of Welfare and Supportive Services RESOURCES Medical Assistance Manual TYPES OF RESOURCES (not all inclusive) 24 Sept MTL 04/24 REAL PROPERTY (Cont’d)

REAL PROPERTY (Cont'd)

3) Tenancy By The Entirety (Married Couples only):

This type of ownership can only exist between married couples. The spouses as a unit own the entire property and can be sold only with the consent of both parties. However, if a legal divorce occurs, the former spouses become tenants-in-common and one can sell his/her share without the consent of the other. If one spouse dies, the survivor becomes the sole owner. Verify whether the customer’s spouse will give permission to sell the property. If permission cannot be obtained, DO NOT count the customer’s one-half share of the property.

Real property is land, including buildings or immovable objects attached permanently to the land.

Real property is excluded:

a. When the property is the customer’s principal place of residence. A principal place of residence is defined as a home (including a mobile home or contiguous land) in which a customer is residing or has resided in the past. Land is contiguous to the home when not separated by property owned by another person. The home exclusion applies to all buildings on the land.

A principal place of residence is/was a permanent living arrangement of at least one full calendar month prior to his/her absence.

When a customer has ownership interest in more than one residence, determine which is primary by obtaining evidence such as, but not limited to:

1. How much time is spent at each residence; 2. Where he/she is registered to vote; 3. Which address he/she uses as a mailing address or for tax purposes.