I’m Michael DiVita — DRE #01372066 | NMLS #241655, DiVita Home Finance (DRE #01818285 | NMLS #323700), Tiburon, CA. I’ve been in California mortgage lending since 2000 and founded DiVita Home Finance in 2007. I’m known as a creative mortgage broker: when a bank says no, I find the lender and the loan structure that can say yes. Prop 19 comes up constantly with my clients over 55 and with families handling an inheritance — and it changes the mortgage math in both cases. Call (800) 239-1103.
Proposition 19 (approved November 2020) did two things. First, since April 1, 2021, homeowners who are 55 or older, severely disabled, or victims of a wildfire or natural disaster can carry their Prop 13 assessed value to a replacement primary home anywhere in California, up to three times. Second, since February 16, 2021, parent-to-child (and some grandparent-to-grandchild) transfers avoid reassessment only for a family home that the child makes their principal residence, or a family farm — and even then only up to the old assessed value plus an adjusted $1 million ($1,044,586 through February 15, 2027). Other inherited property is reassessed.
This guide covers both halves of Prop 19 with worked examples, the filing rules, and how it affects your mortgage — whether you’re a 55+ homeowner ready to move or an heir deciding whether to keep a family home. For how Prop 13 works in the first place, see my Prop 13 guide.
Part 1: Moving at 55+ — Base Year Value Transfers
| Feature | Old rules (Props 60/90/110) | Prop 19 (April 1, 2021 and later) |
|---|---|---|
| Who qualifies | Homeowners 55+, severely disabled | Homeowners 55+, severely disabled, and victims of wildfire or other Governor-declared natural disasters |
| How many times | Once (with limited exceptions) | Up to three times |
| Where | Same county, or one of a few participating counties | Anywhere in California |
| Replacement value | Equal or lesser value only | Any value — excess value is added to your transferred base |
| Timing | Within 2 years | Replacement bought or built within 2 years of selling the original home |
Both the original and replacement homes must be your principal residence (eligible for the homeowners’ or disabled veterans’ exemption).
How the value test works
The assessor compares the replacement home’s market value to the original home’s market value at the time of sale:
- Replacement bought before you sell the original: 100% of the original’s value.
- Bought within the first year after the sale: 105%.
- Bought within the second year after the sale: 110%.
If the replacement is at or below that threshold, your old assessed value carries over. If it’s above, the amount over the threshold is added to your old assessed value.
Example: moving up
You bought your home in 1998 for $350,000. Its Prop 13 assessed value is now about $530,000; it sells for $1,400,000. Six months later you buy a $1,800,000 replacement.
- Threshold (105%, bought within the first year): $1,470,000
- Excess: $1,800,000 − $1,470,000 = $330,000
- New assessed value: $530,000 + $330,000 = $860,000
- At a 1.1% tax rate: about $9,460 a year, versus about $19,800 on a full $1,800,000 reassessment — roughly $10,300 a year saved.
Example: downsizing or relocating
Same original home, but you buy a $1,200,000 home in Sonoma or Sacramento. Because the replacement is below the threshold, your $530,000 assessed value transfers as is. Your tax bill barely changes even though you moved counties.
Timing and financing the move
Many 55+ clients want to buy the next home before selling — especially in markets where contingent offers lose. That’s allowed: buy first (the 100% test applies), then sell within two years. Financing options include a bridge loan, a HELOC on the current home for the down payment, or asset-depletion qualification for retirees with savings but modest income. A HECM for Purchase (reverse mortgage for purchase) can also work for buyers 62+ who want no monthly mortgage payment.
How Prop 19 improves mortgage qualification
Lenders count property taxes in your debt-to-income ratio. When I qualify a 55+ buyer, I use the property tax the replacement home will actually carry after the Prop 19 transfer — not full market-value taxes. In the move-up example above, that’s about $860 a month less in qualifying housing expense; at a 7% rate, that frees up roughly $130,000 in borrowing capacity for the same income. Because the transfer isn’t automatic, I document the expected tax with the lender and make sure the claim gets filed.
Filing the claim
File with the county assessor where the replacement home is located — Form BOE-19-B (age 55+), BOE-19-D (severely disabled), or BOE-19-V (disaster victims). The deadline is within three years of buying or completing the replacement home. If you file late, relief may apply only prospectively, so don’t wait.
Part 2: Inheritance — Parent-to-Child and Grandparent-to-Grandchild Transfers
| Property | Before Feb 16, 2021 (Props 58/193) | Feb 16, 2021 and later (Prop 19) |
|---|---|---|
| Parent’s principal residence | Excluded from reassessment, any value | Excluded only if the child makes it their principal residence and files for the homeowners’ exemption within 1 year; protection limited to old assessed value + $1,044,586 (current adjusted amount) |
| Rental, vacation home, or other real estate | Excluded up to $1 million of assessed value | Reassessed at market value |
| Family farm | Within the $1 million limit | Can qualify, with the same value limit |
| Grandparent to grandchild | Allowed if the grandchild’s parent was deceased | Same principal-residence rules; the grandchild’s parent must be deceased |
Example: inheriting the family home
Your parents bought their San Jose home for $250,000 in 1985. Its assessed value is about $410,000; market value is $1,600,000. You move in and file for the homeowners’ exemption within a year.
- Protected amount: $410,000 + $1,044,586 = $1,454,586
- Market value above that: $1,600,000 − $1,454,586 = $145,414
- New assessed value: $410,000 + $145,414 = $555,414 — about $6,100 a year at 1.1%, versus about $17,600 if fully reassessed.
If you don’t move in, the home is reassessed at $1,600,000.
Example: inheriting a rental
A four-unit building in Oakland assessed at $300,000 and worth $2,200,000 would have kept its $300,000 base under the old rules (about $3,300 a year). Under Prop 19 it’s reassessed to $2,200,000 — roughly $24,200 a year. That can change whether keeping the building pencils out; a DSCR loan can help if you keep it as a rental.
Mortgage Options for Heirs
Keeping the existing loan. Under the federal Garn–St Germain Act, a lender generally can’t call a home loan due just because the property passed to a relative at the borrower’s death, and federal servicing rules give confirmed heirs (“successors in interest”) rights to information and to be considered for loss mitigation. If the existing rate is low, keeping it can be valuable.
Refinancing or cash-out. Heirs often refinance to take over the loan in their own name or pull cash out. Lenders need clear title — through a completed probate, or a trust distribution, which is usually much faster. See living trust mortgages and cash-out refinancing.
Sibling buyouts. When one sibling keeps the home, a cash-out refinance typically funds the buyout. Be careful: the parent-child exclusion covers transfers from the parent, not transfers between siblings, so how the buyout is structured — for example, a non-pro-rata distribution from the parent’s trust versus a purchase between siblings — can determine whether part of the property is reassessed. Coordinate with the estate attorney before the deed is signed, and remember the one-year occupancy and exemption-filing clock starts at the transfer (date of death for inheritances), not when the family finishes negotiating.
Filing: Form BOE-19-P (parent–child) or BOE-19-G (grandparent–grandchild), generally within three years of the transfer or date of death, plus the homeowners’ exemption within one year.
Frequently Asked Questions
Who qualifies to transfer a Prop 13 base under Prop 19?
Homeowners who are 55 or older, severely disabled, or whose home was substantially damaged by a wildfire or Governor-declared natural disaster. The original and replacement homes must be principal residences, and the replacement must be bought or built within two years of selling the original home.
How many times can I use Prop 19?
Up to three times, anywhere in California. Each move that uses a base year value transfer counts as one of the three.
Can I buy a more expensive home and still keep my tax base?
Yes. If the replacement costs more than 100%, 105%, or 110% of your old home’s value (depending on whether you buy before the sale, within one year after, or within two years after), the amount over that threshold is added to your old assessed value. You pay tax on the blended amount, not the full purchase price.
Can my children inherit my home without a property tax increase?
Only partly, and only for the family home (or a family farm). For a family home, the child must make it their principal residence and file for the homeowners’ exemption within one year. The old assessed value is protected up to that value plus $1,044,586 (for transfers from February 16, 2025 through February 15, 2027); market value above that is added. Rentals and vacation homes are reassessed.
When do I have to file a Prop 19 claim?
For a 55+, disabled, or disaster base year transfer, within three years of buying or completing the replacement home (Form BOE-19-B, BOE-19-D, or BOE-19-V). For a parent–child or grandparent–grandchild exclusion, generally within three years of the transfer (Form BOE-19-P or BOE-19-G), and the homeowners’ exemption must be filed within one year.
Does Prop 19 help me qualify for a mortgage?
Yes. Lenders include property taxes in your debt-to-income ratio, so a lower transferred tax base lowers your qualifying payment. Every $1,000 a month of lower taxes supports roughly $150,000 more in loan amount at a 7% rate for the same income.
Do I have to refinance my parents’ mortgage when I inherit?
Not necessarily. Federal law generally prevents a lender from calling a home loan due solely because the property passed to a relative at the borrower’s death. Many heirs keep the existing loan; others refinance to buy out siblings or take cash out.
Related Resources
- Prop 13 Explained
- Props 60 and 90 (Before Prop 19)
- Bridge Loans: Buy Before You Sell
- Mortgages for Living Trusts
- Reverse Mortgages in California
- Cash-Out Refinance
Talk to Michael Directly
DiVita Home Finance | Tiburon, CA | In lending since 2000, founded DiVita Home Finance in 2007. Michael DiVita DRE #01372066 | NMLS #241655. Company DRE #01818285 | NMLS #323700.
💬 Text: (310) 849-9124
Official Sources & References
- California State Board of Equalization: Proposition 19
- BOE Proposition 19 Fact Sheet (Pub. 801)
- BOE: Prop 19 Exclusion Adjusted to $1,044,586 (Feb 16, 2025 – Feb 15, 2027)
- County Assessor Prop 19 Forms List (BOE-19-B, -D, -V, -P, -G)
- CFPB Regulation X §1024.31: Successors in Interest
This is general information, not tax or legal advice. Confirm eligibility and deadlines with your county assessor and estate attorney.
