5152-2        DETERMINING VALUE OF JOINTLY HELD RESOURCES

This section does not apply to resources owned jointly by combined Family Medicaid and SSI Supplemental Security Income/APA households (see section 5156-8). Also, it does not apply to joint bank accounts (see section 5152-8). Jointly owned resources must be treated by the following principles:

1. If the joint owners are legally married and live together, the resources belong equally and totally to each other.
    

2. If the joint owners are legally married and not residing together, the question of availability is raised. Jointly owned property cannot be sold unless both spouses can be located and agree to sell. Property owned by an applicant and an absent spouse will be considered an exempt resource if the absent spouse cannot be located. If the absent spouse can be located, and he states that he will not sell the property, it will also be exempt.
    

3. Resources jointly owned by an applicant and any other person not the applicant's spouse will be considered to be a countable resource only if the other person can be located and states he is willing to dispose of the property at no direct cost to the applicant.