California Revenue & Taxation Code §63 recognizes spousal transfers as excluded from property tax reassessment. §62(d) recognizes transfers to a revocable living trust by the property owner as excluded. §63.1 and Proposition 19 (effective February 16, 2021) govern parent-child and grandparent-grandchild transfers, with eligibility tied to the transferee's primary residence and the property's assessed value at transfer.
The California State Board of Equalization publishes claim forms used to apply these exclusions, including BOE-19-P (Prop 19 parent-child exclusion), BOE-58-AH (pre-Prop 19 parent-child claim, where applicable), and BOE-58-G (grandparent-grandchild claim). Filing deadlines apply.
A deed filed without the correct exemption recital on its face, or without the required BOE form on file with the County Assessor within the statutory deadline, may be processed as a change in ownership and reassessed at fair market value. Once a property is reassessed, reversal generally requires petitioning the County Assessor.
If your situation requires legal advice on which exclusion applies, which form to file, or how Prop 19 affects your transfer, we refer you to an attorney. As a Registered Legal Document Assistant, TrustPoint prepares the paperwork you direct us to prepare and electronically records it — we do not provide legal advice or recommend strategy.
Sources: California Revenue & Taxation Code §§62-64 · State Board of Equalization · Proposition 19 (2020)
