Legal Question in Real Estate Law in California

California Property Tax Reassessment

Real property held in JT by mother(M)/son(S). M files grant deed transferring interest to M's trust. Three months later S files quitclaim transferring interest to M's trust. Assessor claims first transfer ''broke JT'' and triggered a legitimate reassessment event and that property was no longer in JT. Sections 61 and 62 seem to exclude this type of transaction from reassessment. Comments?


Asked on 5/12/09, 5:54 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: California Property Tax Reassessment

The assessor is right that the transfer by M to M's trust severed the joint tenancy (Civil Code section 683.2(a)(2). Also, as I read Revenue & Taxation Code section 62(f), a triggering event occurs upon the transfer of a joint tenancy interest where the transferor is NOT a joint tenant after the transfer. This is the case here, so my conclusion is that the assessor is correct. I located but did not read a background reference on this topic. See 17 Law Review Commission Reports 941 (1984).

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Answered on 5/12/09, 8:03 pm


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