Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2017

Revenue and Taxation Code

Property Taxation

Part 0.5. Implementation of Article XIII A of the California Constitution

Chapter 2. Change in Ownership and Purchase

Section 63

63. Interspousal transfers. Notwithstanding any other provision in this chapter, a change of ownership shall not include any interspousal transfer, including, but not limited to:

(a) Transfers to a trustee for the beneficial use of a spouse, or the surviving spouse of a deceased transferor, or by a trustee of such a trust to the spouse of the trustor.

(b) Transfers which take effect upon the death of a spouse.

(c) Transfers to a spouse or former spouse in connection with a property settlement agreement or decree of dissolution of a marriage or legal separation, or

(d) The creation, transfer, or termination, solely between spouses, of any coowner's interest.

(e) The distribution of a legal entity's property to a spouse or former spouse in exchange for the interest of such spouse in the legal entity in connection with a property settlement agreement or a decree of dissolution of a marriage or legal separation.

History.—Stats. 1981, Ch. 1141, in effect October 2, 1981, operative January 1, 1982, substituted "any other provision in this chapter" for "Sections 60, 61, 62, and 65" after "Notwithstanding" in the first sentence and added subdivision (e).

Note.—Section 14 of Stats. 1981, Ch. 1141, provided the provisions of this act shall take immediate effect and shall apply to any change in ownership occurring on or after March 1, 1975. However, all changes in value shall be made effective commencing with the 1982–83 fiscal year. No escape assessments shall be levied and no refund shall be made for any years prior to the 1982–83 fiscal year for any increases or decreases in value made for the 1982–83 fiscal year or fiscal years thereafter as the result of the enactment of this act. Section 16 thereof provided the Controller shall report to the Legislature on the amount of claims made by county auditors under Section 16113 of the Government Code for compensation for property tax revenues lost by reason of the classification or exemption of property by this act.

Joint Tenancy.—When a sole owner of real property created a joint tenancy with his brother, no change in ownership occurred under Revenue and Taxation Code Section 65, subdivision (b). However, subsequent to the creation of the joint tenancy, when one of the joint tenants terminated the joint tenancy by transferring his joint tenancy interest to himself as a tenant in common, a 50 percent change in ownership occurred. Benson v. Marin County Assessment Appeals Board (2013) 219 Cal.App.4th 1445.