Legal Question in Real Estate Law in California

Re: Prop 13 transfer

You're confusing retention of tax value when a given property changes hands with portability of value from property to property.

The former works for parent-child transfers and a few others.

The latter also works in a very few special cases. For example, there are a few counties in California that permit a couple to retire and move to a smaller, less expensive house within the county, e.g., if they have a house that cost them $200,000 but is now worth $600,000, they can buy a $400,000 retirement home and keep the $200,000 value of the place they sold. I have even heard of examples where two counties had reciprocity agreements permitting inter-county moves.

I have never researched these programs. All I know about them is dinner-table gossip with friends and relations. I am however rather sure that they exist or existed in only a few counties, benefitted people who were downsizing rather than trading up, and have recently fallen into disfavor so the number of counties that allow what you call Prop. 13 transfers of this kind is likely decreasing rather than increasing.

I'd suggest you inquire of the county officials (assessor's office?) of the county you have in mind, but I'm 99% sure you can't do a trade-up such as you have in mind.

Re: Prop 13 transfer

I can't follow your scenario. But, questions like yours only serve to convince me that Prop 13 is a disaster.

Re: Prop 13 transfer

No...First, transfer from mom to son keeps prop 13, IF PCOR properly filed...after that, none of your scenario computes.