752-2          DETERMINING AVAILABILITY OF JOINTLY HELD RESOURCES

This section does not apply to resources owned jointly by combined Temporary Assistance and SSISupplemental Security Income / APAAdult Public Assistance households. (See ATAPAlaska Temporary Assistance Program MS 754-8.) Also it does not apply to joint bank accounts. (See ATAPAlaska Temporary Assistance Program MS 752-8.) Jointly owned resources must be treated by the following principles:

1. If the joint owners are man and wife, legally married spouses, and they live together, the resources are equally and totally available 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 the parents 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 states an unwillingness to sell the property, it is also exempt.
3. Resources jointly owned by an applicant and any other person, who is not the applicant's spouse, will be considered a countable resource only if the other person can be located and states a willingness to dispose of the property at no direct cost to the applicant.