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?
1 ANSWER
Estate Litigation Attorney serving Redlands, CA
at
Price Law Firm, APC
Update Your Profile
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