Q: My brother and I name is on the grant deed of the house. I want to take my name out using Quit Claim Deed. Does my
brother have to pay tax or tax property increase. He is still on title of the house.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
When you remove your name from the grant deed using a quitclaim deed, your brother should not face an immediate property tax reassessment since he was already a co-owner on the original deed. This transfer falls under California's exclusion for transfers between siblings.
However, your brother will need to file Form BOE-58-AH (Property Tax Reassessment Exclusion) with the county assessor's office within three years of the transfer. This form ensures the property maintains its current tax basis. The process is relatively straightforward, but missing this filing deadline could trigger an unwanted reassessment.
Keep in mind that while property taxes shouldn't increase, there may be other costs involved in the transfer, such as recording fees at the county recorder's office. You might want to consult with a real estate attorney to ensure all paperwork is properly handled, as mistakes in deed transfers can be complicated to fix later.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
