California's Prop 13 keeps property taxes low — until a transfer triggers reassessment.
If you own real property in California, the difference between a transfer that triggers a property tax reassessment and one that doesn't can mean thousands of extra dollars per year for the rest of your time owning the home. This article explains how Proposition 13 works, what "change of ownership" means under California law, which transfers are exempt, and how to avoid accidentally triggering a reassessment when you're trying to do estate planning.
Passed by California voters in 1978, Proposition 13 capped property taxes at 1% of a home's assessed value at the time of purchase, with annual increases limited to 2% (or the rate of inflation, whichever is lower). The result: if you bought a house in Stockton in 1992 for $180,000, your tax base is still relatively close to that number even though the home might now be worth $700,000. Your property taxes are calculated on the lower number. That gap — between the assessed value the county uses for tax purposes and the market value — is the Prop 13 benefit. The catch: most transfers of ownership reset the assessed value to current market value, which can multiply your annual property tax bill by 3× or more overnight.
Under California Revenue and Taxation Code §60 et seq., a "change of ownership" is broadly defined as a transfer of a present interest in real property, including a beneficial use, where the value of the interest transferred is substantially equal to the value of the fee simple interest. In plain English: most ways of transferring ownership of California real estate count. Sales, gifts, deeds between non-exempt parties, adding someone to title who wasn't there before, removing someone from title (in some cases) — these can all trigger reassessment. The County Assessor decides whether a transfer is a change of ownership and reassesses accordingly.
California law carves out specific transfers that do NOT cause reassessment. The most common ones:
- Transfers into and out of a revocable living trust where the transferor remains the trustee or beneficiary. This is why properly funding a living trust does not increase your property taxes — the transfer is treated as a paper change, not a real change of ownership.
- Interspousal transfers between spouses (or registered domestic partners) — divorce, marriage, adding a spouse, removing a spouse. These are explicitly exempt under §63.
- Parent-to-child and grandparent-to-grandchild transfers of a principal residence, subject to the limits set by Proposition 19 (passed November 2020). Note that Prop 19 significantly restricted the parent-child exclusion compared to the previous Prop 58 — the inherited home must be used as the child's principal residence within one year, and the exemption only covers up to $1 million of fair-market-value over the original assessed value.
- Transfers of a partial interest below a threshold — generally, transferring 50% or less of an entity's interest in real property is not a change of ownership.
- Transfers to confirm title — for example, recording a deed to clarify that a property was always intended to be held a certain way.
- Transfer on Death deeds taking effect at the original owner's death — the beneficiary may still face reassessment unless another exclusion applies (like parent-child), but the recording of the TOD deed itself during the owner's lifetime does not trigger anything.
Before Prop 19 took effect on February 16, 2021, California's parent-child exclusion was much more generous: a parent could pass up to $1 million of assessed value of any property to a child (and unlimited assessed value for the parent's primary residence) without triggering reassessment. Prop 19 restricted that. Today, the parent-child exclusion only applies if (1) the child moves into the inherited home as their primary residence within one year, and (2) the exclusion is capped at the first $1 million of market value above the original assessed value. Inherited investment properties (rentals, vacation homes) and homes the inheriting child doesn't move into are now fully reassessed to market value. This single change has triggered a wave of estate planning revisions in California — many families that planned around the old rules are now reorganizing their plans.
Adding your adult child to the deed of your home while you're alive: This is a transfer that may trigger partial reassessment depending on the structure — and creates tax issues we'll cover in a separate article. Generally not recommended.
Transferring your home into your revocable living trust: Exempt. No reassessment. This is one of the strongest arguments for living trusts in California: you keep your low Prop 13 base.
Removing a deceased co-owner from title (Affidavit of Death): Exempt for interspousal transfers (married couple, joint tenancy, or community property with right of survivorship). For other co-ownership structures, it depends on how title was held.
Inheriting a parent's home and moving in: May qualify for Prop 19 exclusion if you move in within one year and file a claim with the Assessor. Cap of $1M market value above original assessed value.
Inheriting a parent's home as a rental: Reassessed to current market value. The Prop 13 benefit is lost.
Refinancing your home: Not a change of ownership. No reassessment.
Transferring to your spouse: Exempt under §63.
Every deed recorded in California needs an accompanying Preliminary Change of Ownership Report — the PCOR — filed with the County Assessor. The PCOR is how the County figures out whether the transfer is exempt from reassessment or not. If you check the wrong box on the PCOR or fail to claim an exclusion you're entitled to, you can end up reassessed when you shouldn't be — and getting that fixed after the fact is a slow, painful process. This is why most deed work for any meaningful California property is worth having prepared by someone who knows what they're doing. When I prepare a deed for a client, the PCOR comes with it, with the correct exclusion claimed.
The initial consultation is free. Phone, email, or in-person at the Stockton office.
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