Colorado § 26-2-109 - Right to own certain property.

§ 26-2-109. Right to own certain property.

(1) No person otherwise qualified to receive public assistance shall be denied public assistance by reason of the fact that he is the owner of real estate occupied by him as a residence.

(2) No person otherwise qualified shall be denied public assistance by reason of the fact that he is the owner of personal property which is exempt by the laws of Colorado from execution or attachment.

(3) (a) The state department, by its rules and regulations, may establish limitations on the value of real and personal property and other resources, not included in subsections (1) and (2) of this section, which may be available to an applicant or recipient without affecting his eligibility for public assistance.

(b) For public assistance purposes, the value of residential or other real property shall be equal to the actual value of the property, as determined by the county assessor pursuant to article 1 of title 39, C.R.S.

Source: L. 73: R&RE, p. 1183, § 2. C.R.S. 1963: § 119-3-9. L. 87: (3)(b) amended, p. 1157, § 1, effective May 1.

ANNOTATION

The legislative intent was to treat personal property and income differently. Francis v. State Bd. of Soc. Servs., 184 Colo. 136, 518 P.2d 1174 (1974).

The intention of the general assembly was to exclude annuities and other income from personal property. Francis v. State Bd. of Soc. Servs., 184 Colo. 136, 518 P.2d 1174 (1974).

Continuing eligibility depends on an absence of assets in excess of the maximum value fixed by statute, by whatever means acquired, including an accretion in value. Denver Dept. of Pub. Welfare v. Wysowatcky, 133 Colo. 153, 292 P.2d 735 (1956).

Excess assets must be expended in self-support. A recipient who acquires a sum in excess of the amount which determined his need for aid becomes immediately ineligible for benefits until the excess which determines his need for aid is expended in self-support. Denver Dept. of Pub. Welfare v. Wysowatcky, 133 Colo. 153, 292 P.2d 735 (1956).

There being no presumption of equal ownership between spouses, evidence may be received to establish that half or more of the assets owned by one spouse belong to the other, but in the absence of such determination, the rule in Colorado is that one spouse may own property separate and apart from the other. Flavell v. Dept. of Welfare, 144 Colo. 203, 355 P.2d 941 (1960).

There is no rule of law, statutory or otherwise, which permits the department of social services to indulge in the presumption that every person owns one-half of his spouse's assets. Flavell v. Dept. of Welfare, 144 Colo. 203, 355 P.2d 941 (1960).

Railroad retirement annuities are immune from execution and attachment. Francis v. State Bd. of Soc. Servs., 184 Colo. 136, 518 P.2d 1174 (1974).