16 Del. Admin. Code § 9000-9047
[273.8(d)]
Resources held jointly by separate households will be considered available in their entirety to each household, unless it can be demonstrated by the applicant household that such resources are inaccessible to that household. (See DSSM 4002.3).
If a household can demonstrate that it has access to only a portion of the resource, the value of that portion of the resource will be counted toward the household's resource level. In arriving at a determination of ownership, the following items should be considered:
A statement by the claimant naming the actual owner of the funds.
An explanation as to why a joint account was established.
Information regarding who makes deposits and withdrawals.
How the funds are spent, (i.e., access capability of each party).
If appropriate, a change in the account designation verified by the financial institution.
The resource will be considered totally inaccessible to the household if the resource cannot practically be subdivided and the household's access to the value of the resource is dependent on the agreement of a joint owner who refuses to comply. For the purpose of this provision, ineligible aliens or disqualified individuals residing with the household will be considered household members.
Resources will be considered inaccessible to persons residing in shelters for battered women and children if:
When one of the owners of a jointly owned resource is categorically resource eligible in a mixed household, the total resource is excluded.
For example, a household may consist of two members, one receiving SSI and/or TANF and the other receives no assistance. They jointly own resources that are totally accessible to either party. Since one member receives SSI and/or TANF, the jointly owned resource is totally excluded in determining the household's resources for food stamp purposes.
16 Del. Admin. Code § 9000-9047