Temporary Assistance/Case Management

0205.005.10.05 Homestead Exemption

Exclude a claimant’s home (real property that furnishes shelter).

Exclude a mobile home that furnishes shelter for the family.  This exclusion will occur regardless of whether the mobile home can be moved or who owns the land on which it is located.  When two mobile homes are joined to form one housing unit, treat as one home.

Consider the land on which the home is located, up to 40 acres, as part of the home. Exclude it as long as the land is adjoining and no other home exists on the land.  Consider land in rural areas adjoining even though a road may separate two tracts.

When an individual or couple owns two pieces of property and lives part-time in each property, they are required to designate one of the properties as their home.  Consider the other property in determining the family’s equity in resources.

When a family purchases a second piece of property and uses it as a home, or when two individuals marry, each owning their own home, consider the vacated home in determining the family’s equity in resources.

When an individual and spouse are separated, own a home jointly, and the spouse remains in the home, exclude the homestead (home and 40 adjoining acres) in determining equity in resources as long as the spouse remains in the home.  Include any excess acreage (exceeding 40 acres) in determining equity in resources.  If the spouse dies or moves out, immediately consider the property in determining the family’s equity in resources.  In the event of divorce, immediately consider equity in the property a resource.  If a family buys a second piece of property, do not consider the one-half equity in the homestead in which the spouse continues to live in determining equity in resources unless a divorce is obtained.