Availability of Property
Property which is not available will not be considered in determining eligibility.
Presumption of Availability
The applicant or beneficiary is presumed to have availability to their share of property. This presumption can be overturned only by documentation presented by the applicant/recipient that availability does not exist.
Note: The EW is responsible for making all determinations of availability.
Documentation Required to Substantiate Unavailability
Documentation which establishes that property is unavailable may include, but is not limited to the following.
- Legal obstacles, such as:
- A deed or will restricting sale unless all principals agree
- One or more liens
- Other persons listed as owners of the property who refuse to sell, including a spouse from whom the client is separated.
Note: Legal obstacles MUST be reviewed at every reinvestigation.
- An oral contract supported by written statements from all principals involved if other parties refuse to provide statements. Examples of acceptable evidence are as follows:
- Statement of realtor or attorney verifying legal obstacles prevent the sale of property
- Copies of registered/certified letters sent from the beneficiary to other party requesting their cooperation in selling the property
- New statements/evidence must be submitted to substantiate the continuation of legal obstacles at every reinvestigation
- The applicant/recipient’s sworn statement on a “General Affidavit” (CSF 2).
Note: A new sworn statement is required at EVERY reinvestigation (RRR).
Related Topics
Equipment and Materials for Self Employment
Real Property Not Used as a Home