Medicaid Policy
Medicaid Policy
No Previous Policy
Review divorce decrees on a case-by-case basis.
1. Before A Divorce Is Final
The filing of a divorce petition does not change the ownership or availability of assets unless there is a court order specifically dealing with the assets. Unless there is such a court order, base availability on the ownership prior to the filing of the divorce petition.
If there is a question of an asset's availability after viewing the court order, contact the program specialist.
2. After A Divorce Is Final
A. When there is no title document, a divorce decree can transfer legal title of personal property. Check for conditions attached to the transfer: liens, conditions concerning remarriage, etc. These conditions may restrict the sale of the asset. If so, see Sec. 511-5.
B. In cases of property where there is a title document, a divorce decree issued after the title document takes precedence concerning the ownership of the property. While it may be in the best interest of the person awarded the property to have the title transferred into his or her name, if the title has not been transferred the divorce decree is still the final legal judgment of who owns the property. Again, be sure to check for conditions attached to the transfer.