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2. Income Ownership – When determining the income ownership in the PETI process, the following Rules apply and preempt any State laws that might otherwise govern community property or the division of marital property: a. Non-trust property. Non-trust property is all property not subject to a trust. The instrument which provides income is reviewed to identify the specific provisions related to payment and the availability of income for the LTSS beneficiary and spouse. If the instrument providing the income lacks specific provisions relating to payment and availability of income, the following provisions apply: (1) If payment of income is made solely in the name of the LTSS beneficiary or the spouse, the income must be considered available only to the spouse; (2) If payment of income is made in the names of the LTSS beneficiary and the spouse, one half (1/2) of the income is considered available to each member of the couple; (3) If payment of income is made in the name of the LTSS beneficiary, spouse or both, and to another person, the income is considered available to each spouse in proportion to that spouse's interest. If payment is made with respect to both spouses and no such interest is specified, one half (1/2) of the joint interest is considered available to each spouse. (4) In the case of income that is not derived from a trust in which there is no instrument establishing ownership, one half (1/2) of the joint interest is considered available to the LTSS beneficiary and one half (1/2) to the spouse. b. Trust property. In the case of a trust, income is considered available to each spouse as provided in the trust or, in the absence of a specific provision in the trust, as follows: (1) If payment of income is made solely to the LTSS beneficiary or the spouse, the income is considered available only to the spouse; (2) If payment of income is made to both the LTSS beneficiary and the spouse, one half (1/2) of the income is considered available to each member of the couple; (3) If payment of income is made to the LTSS beneficiary or the spouse, or both, and to another person or persons, the income is considered available to each spouse in proportion to the spouse's interest. If payment is made with respect to