Transfer of property prohibited

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  1. (a) No person shall, at any time during the continuance of assistance, grant, sell, transfer title, or in any way dispose of any real property without the consent of the appropriate division of the Department of Human Services. If a recipient of assistance executes and delivers a deed to real property without the consent of the division, the transaction shall be deemed prima facie fraudulent as to the division.

  2. (b) To overcome the presumption of fraud, an immediate investigation will be made to determine whether the property was transferred within the rules of the division. The fair market value of the transferred property shall be considered as available toward meeting the needs of the recipient.


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