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General Relief Policy - Department of Public Social Services

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• Any other property not classified as real property.<br />

Credit Card<br />

Are credit cards counted in determining property<br />

limits?<br />

No, credit cards are not considered property or<br />

resources.<br />

GR 42-205 –<br />

Community Property<br />

GR 42-205.1 –<br />

Definition<br />

What is Community property?<br />

Community property (real or personal) is property<br />

obtained by spouses during marriage (unless<br />

obtained as separate property), as described in GR<br />

42-206 below.<br />

Community property includes property purchases<br />

with:<br />

• community funds,<br />

• funds recovered from the sale <strong>of</strong> community<br />

property, or<br />

• personal credit <strong>of</strong> either spouse.<br />

Property purchased with funds that cannot be<br />

identified as separate property is considered<br />

community property.<br />

GR 42-205.2 –<br />

Ownership <strong>of</strong><br />

Community Property<br />

How is ownership <strong>of</strong> community property<br />

determined?<br />

Each spouse is presumed to own a one-half interest<br />

in community property, regardless <strong>of</strong> which spouse<br />

has the property. All property held in the name <strong>of</strong> the<br />

spouse is presumed to be community property unless<br />

evidence establishes it to be separate property.<br />

See GR 42-206 for definitions <strong>of</strong> separate property.<br />

GR 42-205.3 –<br />

Exceptions to<br />

Community Property<br />

Are there any exceptions to ownership <strong>of</strong><br />

community property?<br />

Yes, following are the exemptions:<br />

• In the case <strong>of</strong> domestic violence/battered<br />

individual, the value <strong>of</strong> the property is excluded in

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