5154-1        REAL PROPERTY EXEMPTIONS

5154-1 A.   THE HOME IN WHICH THE FAMILY RESIDES

The home that is the residence of the applicant or recipient and the land upon which it is situated are both exempt regardless of their value. A home may be permanently affixed to the land, or it may be merely situated on it, as with a mobile home. The home includes related structures such as a garage, tool shed, outhouse, or lean-to.

In order to be exempt, the land that the home is located upon must be a single legally described piece of property. (Normally, granting an easement or a public or private right-of-way through a single legally described piece of land does not change the legal description.)

Except for certain houses on Native "Restricted Deed" lands, all income-producing property counts as resources, unless the property is the home and the single piece of land upon which the home is located.

5154-1 B.   NATIVE RESTRICTED DEEDS

Certain Native Americans may hold land either individually within a rural area or community, or jointly with their tribe or others in their village. If these lands are classified as “Native Restricted Deeds,” meaning they cannot be sold without approval of the Bureau of Indian Affairs, they will be considered as exempt. Any house permanently attached to Restricted Deed land is exempt, even if it is not used as the home. If such a house is rented, the rental income will count for Family Medicaid purposes.

Note:

Verification is required and may be obtained from deeds, tax assessor's records, recorder's office, realtors or real estate agents, mortgage or escrow documents, or signed surveyors records or reports.