Change of Ownership

Changes in Ownership: Under California Property Tax Laws, real property is valued whenever it changes ownership or is newly constructed.

Change in Ownership Exclusions: A change in ownership includes almost all transfers of title in real property. Some changes of ownership that are excluded from a reappraisal include the following:

Refinancing

Refinancing a real estate loan is not considered a change in ownership and should not result in a reassessment. There is no form to complete for this exclusion. The Assessor will typically request additional information from the property owner to verify that the transaction was for refinancing purposes only. (ref. Revenue and Taxation Code 62(c))

Inter-Spousal Change in Ownership Exclusion

Transfers of property between spouses during marriage are excluded from reassessment. Transfers between former spouses after marriage (in connection with a property settlement agreement or dissolution) are also excluded. No form is required. However, additional documentation may be necessary. (Ref. R and T Code Sec. 63)

Reassessment Reversal for Local Registered Domestic Partners

Effective September 29, 2018, transfers between locally registered domestic partners which occurred between January 1, 2000 and June 26, 2015 and were reassessed for change in ownership may now be reversed. The property tax relief is prospective (future) only; no refunds of taxes paid in prior years. For more detailed information this exclusion is explained in the State Board of Equalization Letter to Assessors 2018-57. (ref. Revenue and Taxation Code 62(q)) Please contact the Yolo County Assessor office at 530-666-8135 or email the Assessor's Office for more information.

Registered Domestic Partners Change In Ownership Exclusion

Beginning January 1, 2006, transfers of real property between registered domestic partners (as defined in Section 297 of the Family Code) are not considered assessable changes in ownership. There is no form to complete. However, documentation will be requested. (ref. Revenue and Taxation Code 62(p))

This exclusion includes (but is not limited to):

A transfer in (or out) of a trust for the benefit of a partner.
The addition of a partner on a deed.
A transfer upon the death of a partner.
A transfer pursuant to a settlement agreement.
A transfer pursuant to a court order upon termination of the domestic partnership.

Cotenancy Change in Ownership Exclusion

Transfer of a cotenancy interest from one cotenant to another due to the death of one cotenant (and after January 1, 2013) may be excluded from reassessment if certain conditions are met. (Ref. R and T Code Sec. 62.3)

This exclusion is explained in the State Board of Equalization Letter to Assessors 2013-21.

Cotenancy Residency Exclusion Affidavit (BOE 58 H) form

Parent/Child Change in Ownership Exclusion (P19/P58)

Transfers that Occur On or After February 16, 2021, subject to Prop 19 Provisions

Under Proposition 19, transfers of real property from parents to children (or children to parents) may be excluded from reassessment if a claim is filed and certain requirements are met.

This exclusion applies to the principal residence of the transferor only and the transferee is required to occupy the property as their principal residence also.
This exclusion is limited to the sum of taxable value on the property plus $1 million of market value. Any overage is added to the taxable value to determine the new taxable value.
Family farms may also qualify for this exclusion with no principal residence requirement. Read more about Proposition 19.
- Claim for Reassessment Exclusion for Transfer between Parent and Child Occurring on or after February 16, 2021 (BOE-19-P/2021)

Transfers that Occurred Before February 16, 2021, subject to Prop 58 Provisions

Transfers of real property from parents to children (or children to parents) that occurred before February 16, 2021 fall under the old rules of Prop 58. These transfers may be excluded from reassessment if a claim is filed and certain requirements are met.

This exclusion applies to a principal residence and up to $1,000,000 (taxable value) of additional real estate.
This exclusion benefit applies to parent/child transfers made on (or after) November 6, 1986. Please read the instructions included with the claim form carefully.

Claim for Reassessment Exclusion for Parent Child Transfers before February 16, 2021 (BOE-58-AH)
California State Board of Equalization Prop 58 and 193 FAQs

Filing Requirements

A claim for this exclusion must be filed within 3 years of the date of transfer to receive this benefit as of the transfer date.

If a claim is eligible, but not filed timely, the exclusion will begin with the calendar year in which the claim is filed. The 3-year filing period applies to transfers occurring on (or after) September 30, 1990.
Claims filed more than 60 days after the date of the second notice of potential eligibility for exclusion from change in ownership will be subject to a $175 processing fee. (Ref. R and T Code Sec.63.1)

Important: Voters passed Proposition 19 in November 2020. The portion of that law that affects parent to child transfers and grandparent to grandchild transfers is effective February 16, 2021. Transfers that occur prior to that date fall under Proposition 58 and Proposition 193 provisions, respectively. Transfers that occur on or after February 16, 2021 are subject to the new provisions under Proposition 19.

Grandparent to Grandchild Change in Ownership Exclusion (P193)

The Grandparent to Grandchild Exclusion is subject to the same dates and principal residence requirements as the Parent Child Exclusion as stated above, with one limiting condition:

Parent(s) of the grandchild, who qualifies as a child(ren) of grandparent, must be deceased on the date of transfer [RTC Sec. 63.1(c)].
Claim for Reassessment Exclusion for Transfer Between Grandparent and Grandchild Occurring on or after February 16, 2021
Grandparent to Grandchild Claim for Reassessment Exclusion for Transfers before February 16, 2021

For more information, see the California State Board of Equalization California State Board of Equalization Prop 58 and 193 FAQs.

Proportional Interest Transfer Change in Ownership Exclusion

Any transfer between an individual and a legal entity (or between legal entities) that results solely in a change in the method of holding title (the proportional ownership interests of the transferors and transferees remain unchanged) is excluded from reassessment under Proposition 13. No claim form is required. However, additional documentation may be necessary. (Ref. R and T Code Sec. 62(a)(2))

Additional Information

For further information contact the Assessor at 530-666-8135 (8 am to 4 pm), by email, or by fax at 530-666-8213.

Note: It is advisable to consult an attorney or other expert before changing your present or future ownership of property. The Assessor's Office cannot give legal advice, only explain what transfers shall be reappraised.