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Updated over 2 years ago, 05/23/2022

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56
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CA Prop19-Does owner have to be living there at the time of Sale?

Steve Hungerford
Posted

I have conflicting information from the county assessors office and their own published questions and answers page.

I feel the owner does NOT have to be living at the original primary residence at the time of sale. Based on section (3) below they just had to be living there at some point within 2 years of the purchase of the replacement property. The county assessor tells me otherwise, even though I point this out below. 

What are your opinions on this issue in regard to if they have to be living there or not at the time of sale of the original primary residence ?

Question: Does the home that was sold have to be the owner's primary residence at the time of the sale ?

Answer: The home from which the property owner wants to transfer the base year value must have been the owner's primary place of residence as of one of the following: (1) the date of the sale of the original primary residence, (2) the date of disaster that resulted in the substantial damage or destruction of the original primary residence, or (3) within two years of the purchase of the replacement primary residence.