13 CSR 40-2.230 - Disposal of Excess Real Property
(1) In
determining eligibility for Aid to Families with Dependent Children (AFDC) cash
benefits, real property which the family is making a good faith effort to sell
shall be excluded for a period not to exceed six (6) months, if the family
agrees in writing with the Division of Family Services to sell this property
and repay the amount of assistance received during that period from the net
proceeds of the sale.
(2) If the
property has not been sold within six (6) months from the effective date of the
agreement, or if eligibility terminates for any other reason, the entire amount
of assistance paid during that period shall be a debt due the state.
(3) The agreement shall specify-
(A) Which property will be excluded and the
market value;
(B) The disposal
period of six (6) months;
(C) What
good faith effort requires; and
(D)
The requirement to repay the assistance received during the disposal
period.
(4) All owners of
the property in the AFDC assistance group must sign the agreement. A spouse who
is an owner and living in the home, but not in the AFDC assistance group, must
also sign the agreement.
(5) A
claimant must provide proof of good faith effort as requested by the Division
of Family Services. Good faith effort to sell includes the following:
(A) Listing the real property with a
reputable real estate agent and cooperating in marketing the property.
Cooperation in marketing the property includes things such as showing the
property and setting a realistic sales price;
(B) Publicly advertising the property for
sale on no less than a weekly basis in a general newspaper, instead of listing
the property with a reputable real estate agent;
(C) Accepting reasonable purchase offers, for
example, reflecting a reasonable market value; and
(D) Initiating any legal action necessary to
force a sale when other owners, outside the AFDC assistance group, do not wish
to sell.
Notes
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