California Transfer Tax Exemptions

Asked almost 2 years ago - San Jose, CA

If I refinance my separate property and take title with my new spouse as community property with right of survivorship, will that be exempt from transfer tax as an interspousal transfer?

Attorney answers (3)

  1. Eric Jerome Gold

    Pro

    Contributor Level 19
    Best Answer
    chosen by asker

    Answered . The transfer will be exempt, as between spouses during the marriage. Be sure that the Preliminary Change of Ownership Report is completed correctly.

    When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am... more
  2. Michael Raymond Daymude

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Yes. All transfers between spouses during the marriage are exempt.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  3. Bruce Givner

    Contributor Level 18

    2

    Lawyers agree

    Answered . Google California Revenue and Taxation Code Section 63, entitled "Interspousal transfer; not a change in ownership." You will be happy with the result.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,535 answers this week

3,057 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,535 answers this week

3,057 attorneys answering