Even if the individual leaves the home with no intention of returning, the property
remains an excluded resource for as long as:
-
a.
a spouse or dependent relative of the individual continues to live there while the
individual is institutionalized; or
-
b.
its sale would cause undue hardship, due to loss of housing for a co-owner of the
property; or
-
c.
an individual leaves their home due to domestic abuse and has not:
-
•
Established a new principal place of residence (for the definition of principal place
of residence, see SI 01130.100A.2.); or
-
•
Taken action to render the home no longer excludable.
EXAMPLE: Due to domestic abuse, on February 9 a recipient leaves the home in which they lived
and have shared ownership and moves into their parent’s home. They do not intend to
return to the home. The recipient submits evidence of domestic abuse to the field
office (FO). On October 20, the recipient “closes” on a second home (i.e. a sale is
completed and the property is officially transferred into their name). Despite their
absence and continued ownership interest in the first home, the first home is an excluded
resource through October.
The FO must determine whether the first home is a resource effective November 1 (e.g.
whether the recipient has the legal authority to sell without consent of a co-owner
and whether a co-owner consents or refuses to sell). If the FO determines the first
home is a resource, it is a countable resource, unless excluded under another provision
(e.g. undue hardship), effective November 1 because the recipient established a new
principal place of residence. The second home meets the definition of a “home" and
thus is an excluded resource.
EXAMPLE: Due to domestic abuse, on January 24 a recipient leaves the home in which they lived
and has shared ownership. They do not intend to return to the home. The recipient
submits evidence of domestic abuse to the FO. On February 5, the recipient's spouse
also vacates the home because they are not financially able to maintain the household
expenses. Instead of returning to the home, the recipient develops a rental agreement
and rents out the home to a couple effective February 15. Despite their absence and
continued ownership interest in the home, the home is an excluded resource through
February.
The FO must determine whether the home is a resource effective March 1 (e.g., whether
the recipient has the legal authority to sell without consent of a co-owner and whether
a co-owner consents or refuses to sell). If the FO determines the home is a resource,
it is a countable resource effective March 1, unless excluded under another provision
(e.g. undue hardship), because the recipient’s action (i.e. to rent the residence)
renders the home no longer excludable.
For information on the different types of shared ownership, see SI 01110.510. For information on assets that are not resources, see SI 01110.115.