SI KC01110.510 Shared Ownership
See SI 01110.510
A. Joint Tenancy or Tenancy in Common
An entire property, jointly owned, cannot be sold without the consent of all owners. However, under the State laws of Iowa, Kansas, Missouri, and Nebraska, an individual who owns real property as a joint tenant or tenant-in-common, can legally sell his or her ownership interest in a property without the consent of the other owner(s). Therefore, the wishes of other owners do not constitute a legally binding impediment to the disposal of their interest in the resource. In these situations, the equity value of the property is divided by the number of owners in proportion to their ownership interest. That amount is considered a countable resource to the co-owner. For "home property" see section C below.
If the deed provides a restriction on disposition, send a copy of the deed to the SSI policy staff in the Regional Office, RSI/SSI Team, for possible referral to the Office of General Counsel for an opinion on the validity of such restriction.
B. Tenancy by the Entirety
Tenancy by the entirety applies only to ownership by a husband and wife. The existence of tenancy by the entirety arises from a conveyance to a husband and wife where the deed, will, or other instrument does not express how they are to take the property. Of the States in the Kansas City Region (Region VII), only Missouri recognizes this form of joint ownership.
1. Real Property Located in Iowa, Kansas, and Nebraska
These States do not recognize the existence of estates by entirety. When property is located in one of these States and is owned by a married couple and is not "home property," follow the instructions for joint tenancy in number 1 above.
If a deed to a property located in one of these States indicates tenancy by the entirety, send a copy of the deed to the SSI policy staff in the Regional Office, RSI/SSI Team.
2. Real Property Located in Missouri
Under Missouri law, neither the husband nor the wife has a separate and identifiable interest in the entirety property. The husband and wife are each considered to own the whole of the estate, and severance is an impossibility, except by death or divorce. Neither the husband nor wife can dispose of the whole or any part thereof without the consent of the other. The refusal of either spouse to consent to sell any property they own by the entirety, regardless of whether they live together or apart, constitutes a legal restriction to the sale of such property.
C. Married Couple Living Apart and Home Property
(XR SI 01130.100)
1. Absent Member is in a Public or Private Institution
When home property is owned by a married couple, and only one member of the couple or a dependant relative is residing there, the "home" is excluded for the absent member under the "home exclusion," regardless of whether the absence is temporary, if the absent member is institutionalized.
Note: Dependency must be documented in the case file.
2. Absent Member is not Institutionalized
Where the absence is for reasons other than institutionalization, it must be determined whether or not the absence is temporary. Refer to SI 01130.100.