Real property that is not excludable can be exempt under certain conditions. This includes, but is not limited to, property used in the course of business or employment.
Consider some income-producing property as part of the homestead and exempt it. For persons owning and living in duplexes or apartment buildings or renting a room in their home, consider that property as part of the homestead and exclude it. Likewise, for persons renting a converted garage or similar building, consider that property as part of the homestead and exclude it.
If two houses are on the property, the home where the family is not living is included in determining equity in resources.
Use the following guidelines in determining the amount of land to consider.
- For town or city property, include the lot on which the home is located.
- For rural property, if the home is located on a separate tract, include the tract on which the home is located. If the home is located on the same tract of land as the claimant’s home, include only a minimal amount of land. In this case, use the equity in the house alone to determine eligibility.