QUESTION

Will a quit claim for 1/2 interest trigger CA prop 13 re-evaluation?

Asked on Aug 24th, 2015 on Residential Real Estate - California
More details to this question:
Two sisters own 1/2 interest in each of two houses located in the Bay Area CA. They would like to transfer their halves to their sister so that they each own one house outright. A sale would trigger a tax re-evaluation on each half under CA prop 13. Can they do this with quit claims and not trigger prop 13?
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1 ANSWER

Estate Litigation Attorney serving Redlands, CA at Price Law Firm, APC
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The transfer of the 1/2 interest in the property from one sibling to another sibling will trigger a reassessment for property tax purposes. One strategy to avoid this reassessment would be to use the parent-child exemption, as explained below: Step #1: Sister 1 can transfer her 1/2 interest in the property to her mother (or father).  This transfer is exempt from reassessment under the parent-child exemption for up to $1M lifetime.   Step #2: Then the mother (or father) can transfer that 1/2 interest in the property to his other daughter (Sister 2).  This transfer is also exempt from reassessment under the parent-child exemption for up to $1M lifetime. In transferring the 1/2 interest in the properties, you can use quitclaim deeds and file a preliminary change of ownership report explaining the parent-child exemption.  Your county may also have a separate form to claim the parent-child exemption.  Another useful document is a affidavit of uninsured deed that would be notorized, but not filed and kept with the quitclaim deed to show it's validity to a future title company.
Answered on Aug 27th, 2015 at 7:22 PM

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