HAR §17-1725.1-36. Real property used as a home

(a) Real property which is considered the home or usual place of residence of the individual is generally exempt from consideration as a countable asset except for the home property of an institutionalized individual placed in a trust. (b) The home property exemption is extended to the land and all structures on the parcel of land. The home property exemption may include contiguous parcels of property, regardless of whether legally considered separate parcels of property, and adjoining structures on that property that are not separated by easements or public right of ways, and provided the individual owner or owners consider the parcels to be part of their home property. (c) For the purpose of this subsection, whether an individual is living on or away from the real property shall determine whether the property is considered home property or not, regardless of the form of the individual's interest such as a life tenant, remainderman, a buyer or seller under an agreement of sale, settlor or beneficiary under a trust, or any other form of leased or divided interest. (1) For an institutionalized individual home property shall not be considered other property if: (A) The individual states an intent to return to the home; or (B) A spouse or dependent relative is living in the home. (2) For a non-institutionalized individual in the community who is not residing on their home property, the home property may continue to be exempt if the individual states the intent to return home. UNOFFICIAL 1725.1-31 (3) The intent to return home for individuals under paragraphs (1) and (2) shall be re- evaluated annually. [Eff 09/30/13] (Auth: HRS §346-53; 42 C.F.R. §431.10; 45 C.F.R. §233.20; 42 U.S.C. §1396p) (Imp: HRS §346-53; 45 C.F.R. §233.20; 42 U.S.C. §1396p) §