Excluded Real Property

The Home

[EAS 42-213.3]

A home OWNED and OCCUPIED by the AU, regardless of its value, is excluded. Any house, mobile home, camper, trailer, houseboat, or any other dwelling whether assessed as real or personal property by the county assessor is excluded if such an item of property is owned and used by the AU as their home (place of residence).

Temporary Absence from the Home

Temporary absence from the home due to repairs, seasonal employment, illness, vacations, etc., does not affect the exemption, provided the AU expects and is able to return to the home.

If the client is absent from the home for a period of time which seems unreasonable when compared to the reason for the absence, the EW must contact the client and determine if the AU will be able to return to the home and still intends to do so. The reason for the prolonged absence must be documented in the case record.

The home remains exempt as long as the intention and the ability to return to the home remain clear.

The Home of a Seasonal Worker

A seasonal worker’s home in another community or state which meets the residency requirements may be excluded from the property evaluation as long as:

The absence is for temporary employment in California.
The seasonal worker intends to return to the home when the temporary employment ends.
The client will be able to return to the home in the foreseeable future.

Note: Only one exemption of this type is permitted.

A House Not Yet Occupied

The exemption for the home may also extend to a house damaged by fire or other circumstances that the AU has not yet occupied but intends to occupy, and which was not occupied by anyone else at the time of the damage.

Multiple-Dwelling Unit as the Home

[EAS 42-213.32]

The unit which is occupied by the AU as a home may be exempt. The remainder of the multiple units are considered a resource and included in the property limit.

The remainder of the units not occupied by the AU may be exempt for a period of nine months as excess real property. Refer to Excess Real Property Exclusion [EAS 42-213.12].

If the units not occupied by the family cannot be sold separately from the home, they are considered unavailable and excluded from the property evaluation.

A home and a separate unit adjacent to the home is treated as a multiple-dwelling unit.

Acreage Contiguous to the Home

Agency policy is to consider all acreage contiguous to the home that is not separated by natural and artificial barriers or local legal and planning considerations as part of the home and land that are exempt.

Questions to assist in determining if the land is part of the home:

Is the size of the acreage separated by road, right-of-way, or any other recognized boundary?
Is any of the acreage separated by road, right-of-way, or any other recognized boundary?
Is the acreage assessed as one parcel?
Can any of the acreage be legally subdivided and sold separately from the house?

The property which is contiguous to the home which is not separated by natural or legal boundaries as above is considered a part of the home.

If there is another dwelling on the contiguous land, the property is considered a multiple-dwelling unit, treated and evaluated as such.

Excluding Home During Marital Separation

When a client moves from the usual family home due to a marital separation, the home may be EXEMPT AS OTHER REAL PROPERTY FOR THREE MONTHS in determining property eligibility for the AU.

For applicants, the three-month exemption lasts for three full months following the month aid begins.

If the exemption period ends mid-period, the county shall not act on the information during the SAR Payment Period. The usual home shall be used to determine eligibility for the SAR Payment Period following the SAR Payment Period in which the exemption period ended.

Example Example The client applies for CalWORKs in March. Her aid begins April 5. The exemption ends on July 31.

For recipients, the exemption lasts for three full months following the month in which the separation occurs and the AU moves from the home.

Example Example A family has been receiving CalWORKs for a number of months. On March 25 the mother takes two of her children and moves out of the home the family is purchasing. The home may be exempt in the property determination through June 30.

At the time the exemption is established, the EW must inform the client that the exemption is time-limited and that at the end of the three-month period the AU may be ineligible.

At the end of the three-month exemption, the EW must explore continuing eligibility for the next nine months. The excess property exemption may apply. Excess Real Property Exclusion [EAS 42-213.12].

Note: The client must complete the lien agreement, even if the spouse who is a joint owner refuses to do so. The client must attempt to sell part ownership of the property as specified on the next pages.