42-200.D. Determining Ownership Of Real And Personal

Property

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The Determining Ownership Of Real And Persons Property section includes the following information:

 

Topic

Declaration of property Ownership

Title Shared With Others

Community Property

Child Lives with Parent and Stepparent

Sponsored Non-citizens

 

 

 

Declaration of property Ownership

 

 

 

 

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The applicantís declaration of the property he/she and/or his/her spouse own is considered sufficient proof of property ownership unless there is information indicating probable ownership of property other than what was declared.In the presence of such information, the facts as to ownership must be determined from appropriate records, such as:

 

  Recorderís records;

  Bank deposits and withdrawals;

  Affidavits of the applicant/recipient; and

  Other individuals who have first hand knowledge.

Title Shared With Others

 

 

Human Services Specialists (HSSs) are to presume that those who share title have equal rights to possession, control and use of the property but the presumption may be refuted by evidence to the contrary.The source and amount of funds invested in the property or the facts around the inheritance must be evaluated to determine the share which the applicant/recipient and/or his/her spouse actually owns.

Community Property

 

 

 

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Each spouse is considered to own a one-half interest in community property, regardless of which spouse holds the property.All property held in the name of the spouse of a married person is presumed to be community property unless evidence establishes it to be separate property.

 

Exception:Burial trusts and internment plots are considered the separate property of the spouse who is to be the beneficiary or user.

Child Lives with Parent and Stepparent

When a child lives with his/her parent and stepparent, each spouse is presumed to own one-half interest in property held by either spouse, unless this presumption is refuted by evidence, which establishes it to be the separate property of one spouse.

Sponsored Non-citizens

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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For purposes of this chapter, ďsponsored noncitizensĒ applies only to those non-citizens who are sponsored by an individual and not those non-citizens who are sponsored by a public or private agency or organization. The resources of the non-citizenís sponsor and the resources of the sponsorís spouse who lives with the sponsor, shall be deemed to be the sponsored noncitizenís resources, using QR 22 (Sponsorís Statement of Facts Income and Resources) and/or QR 72 (Sponsorís Quarterly Income and Resources Report).These resources are determined as follows:

 

Step

Action

1

Determine the total value of real and personal property of the sponsor and the sponsorís spouse as if they were applying for aid.

2

If a person is the sponsor of more than one non-citizen, divide the amount determined in 1 above by the number of sponsored non-citizens receiving CalWORKs cash aid including the number of sponsored non-citizens in the applicantís assistance unit (AU).This amount is to be deemed to the resources of each applicant/recipient who is a sponsored non-citizen.If the deemed resource alone or in combination with other property of the AU exceed the property limit, ineligibility results for the sponsored non-citizen(s).

 

These resources are not considered, as resources of other applicants/recipients in the family who are not sponsored non-citizens, unless these resources are actually available to these other persons.