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How can I change a property deed to avoid reappraisal in California?

How can I change a property deed to avoid reappraisal in California?

Full question:

How to change current property deed (mother and daughter as joint tenants w/rights of survivorship) to (daughter and daughter's husband) excluded from reappraisal under California Constitution Article 13 A Section 1 et seq.?

Category: Real Property
Subcategory: Deeds
Date: 04/07/2025
State: California

Answer:

In California, property transfers between spouses typically do not trigger a property tax reappraisal. These transfers are automatically excluded from reappraisal. However, other ownership changes can also qualify for exclusion if a timely claim is filed with the Assessor's Office. Common exclusions include:

The transfer of a principal residence between parents and children, and up to $1 million of other real property between children and parents.
Some transfers between grandparents and grandchildren when the parent-child relationship has been severed.
The replacement of a principal residence by a person aged fifty-five or older with one of equal or lesser value.

Each of these exclusions may have specific restrictions, so it's advisable to consult your local tax assessor's office for more information.

In California, property acquired during marriage is generally considered community property. In a divorce, community property is divided equally, but separate property can be established through clear title statements or written agreements. An interspousal transfer grant deed can be used to transfer property between spouses without reassessment and can convert community property into separate property. This deed may also be necessary if one spouse has credit issues that could affect the other spouse's financing options.

To execute a deed, it must describe the property, name the grantor (the person transferring the property) and the grantee (the person receiving it), and be signed and notarized by the grantor. The deed must be recorded in the county where the property is located to be effective. Removing someone from a deed requires their consent, which means they must sign and notarize the deed as well.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How do I transfer property to a family member tax free in California?

In California, you can transfer property to a family member without triggering property tax reassessment through certain exclusions. For instance, transfers between parents and children of a principal residence and up to $1 million of other real property are generally exempt. To qualify, you must file a claim with the local Assessor's Office within a specific timeframe. It's advisable to consult with the Assessor's Office or a legal professional to ensure compliance with all requirements.

How to avoid property tax reassessment in California upon death?

To avoid property tax reassessment in California upon death, you can utilize the parent-child exclusion. If the property is transferred from a deceased parent to their child, it may be exempt from reassessment, provided a claim is filed with the Assessor's Office. Additionally, if the property is held in a trust, it may also qualify for reassessment exclusions. Always check with local authorities for specific requirements and procedures.

Is there a step up in basis when a joint tenant dies?

Yes, in California, when a joint tenant dies, the surviving joint tenant typically receives a step-up in basis for the deceased's share of the property. This means the property's tax basis is adjusted to its fair market value at the time of the deceased's death, which can reduce capital gains tax if the property is sold later. However, it's advisable to consult a tax professional for personalized advice based on your situation.

How to change deed from joint tenants to tenants in common?

To change a deed from joint tenants to tenants in common in California, you must execute a new deed that specifies the change in ownership type. This deed should be signed and notarized by all parties involved. After that, it must be recorded with the county recorder's office where the property is located. It's important to ensure that all parties consent to the change, as it affects their ownership rights.

What happens when a joint tenant dies in California?

When a joint tenant dies in California, their share of the property automatically passes to the surviving joint tenant(s) without going through probate. This is known as the right of survivorship. The surviving tenant(s) will retain full ownership of the property. However, it's important to update the title to reflect the change in ownership, which may require filing a death certificate with the county recorder's office.

Does death of joint tenant trigger reassessment in California?

No, the death of a joint tenant does not trigger property tax reassessment in California. The surviving joint tenant automatically inherits the deceased's share of the property, and this transfer is exempt from reassessment under California law. However, if the property is subsequently transferred to someone else, reassessment may occur. Always check with your local Assessor's Office for specific details.

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