Affidavit of Cotenant Residency

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Assembly bill 1700 approved by the Governor on September 30,2012 provides that a change in ownership exclusion from property taxes for a transfer of an interest in real property between cotenants that takes effect upon the death of one cotenant under the following circumstances:

The transfer is solely by and between two individuals together own 100% of real property in Joint Tenancy or Tenancy in Common;

  • As a result of the death of one of the cotenant, the deceased cotenant’s interest in the real property is transferred to the surviving cotenant, resulting in the surviving cotenant owning 100% of the real property;
  • For the one-year period immediately preceding (PRIOR) the death of one cotenant, both of the cotenants were owners of record and both continuously resided in the real property;
  • The real property was the principal residence of both cotenants immediately preceding the deceased cotenant’s death; and
  • The transfer of real property occurs on or after JANUARY 1, 2013.

R& T CODE SECTION 62.3 added by AB1700 and requires that the surviving cotenant MUST SIGN, under penalty of perjury, an affidavit affirming that he or she continuously resided in the real property with the deceased cotenant for the one-year period immediately preceding the date of death.