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Department of Human Services Food Stamp Online Policy
Manual Special Resource Situations |
Revised: |
18.3 |
ESTABLISHING OWNERSHIP OF PROPERTY THROUGH LEGAL TITLE |
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1240-1-4-.09(3) |
When there is a question of ownership, it is normally presumed that the title holder of the property is the owner; therefore, the property is considered a resource to the owner. Occasionally, one person pays the purchase price of the property, but title to the property is placed in another’s name. This type of ownership is called an equitable trust or a resulting trust. The title to the property is being held in trust for the benefit of the owner. In these situations, the property would not be considered a resource for the title holder. Example: A person is unable to
purchase a vehicle in his own name due to bad credit, and a parent placed his
name on the title. The child actually
has the vehicle and is making the monthly payments. Ownership is attributed to the child and
not the parent. The burden of proof is on the title holder to present evidence to overcome the presumption of ownership. Such evidence could include statements or affidavits from the parties involved or from knowledgeable sources. Documentation of how the decision was reached must be recorded on CLRC. |
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