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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37786
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I have a family member on SSI. After a divorce degree she

Customer Question

I have a family member on SSI. After a divorce degree she will get ownership of a house in January. That house can probably sell for 275 but her former husband is holding a second mortgage he took out for c175 after the divorce decree. Will she lose her SSI if she nets 100k on the sale?
Submitted: 2 years ago.
Category: Family Law
Expert:  LawTalk replied 2 years ago.
Good afternoon,
I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.
If your relative resides in the house, then she will remain eligible for SSI because a residence is exempted from assets in determining eligibility for SSI.
However, if she sells the property and nets $100,000 in cash she will immediately become ineligible for SSI until her assets again drop below $2,000.
Were she to immediately take that money and buy another home though, she would maintain eligibility for SSI. She could make the purchase of her new home contingent on the sale of the old one and thereby not lose eligibility even for a while.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
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I wish you and yours the best in 2015,

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