Other Excluded Real Property

[EAS 42-213.1]

The following items are excluded when evaluating real property:

Real property held in trust if the child or parent does not have control of the trust of which that individual is the beneficiary.
The separate and community share of real property of a parent who has surrendered full custody of his child, pursuant to a court order.
The separate and community share of real property of the father of a child who is not married to the mother and the parents are not maintaining a home together.
- Exception: If the father has legitimatized the child under Section 230 of the Civil Code, his property is included whether or not the parents are maintaining a home together.
The separate and community share of real property of the stepfather.
Property purchased with funds received under Title I or Title II of the Economic Opportunity Act, when such funds were excluded from consideration as income or resources. This exclusion does not extend to income or profits from such property.
An Indian’s interest in land held in trust by the U.S. government.
The separate and community share of real property of the absent parent which are unavailable to the CalWORKs AU or child (i.e., the AU or child does not have possession or control of the property so that the property may be used to meet current needs). Such unavailable property is to be excluded in cases where the child is living apart from his/her parent or parents.
- An availability determination of the separate community shares of real property of an absent parent must be made by the EW as part of the initial eligibility determination. After that, the EW only needs to make another availability determination when information is received that there has been a change.
The real property in which a CalWORKs recipient has an ownership interest and which is considered in an SSI/SSP resource evaluation.
- The total value of the property owned separately by the CalWORKs recipient who is either the spouse or parent of the SSI/SSP recipient and resides in the same household.
- The total value of the property owned jointly between the CalWORKs recipient and the SSI/SSP spouse or child when they reside in the same household.
A maximum of one burial plot for each member of the AU. For purposes of this section, a burial plot is defined as an interment space, crypt, or niche intended for the interment of the individual.

Other Excluded Real Property

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