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Understanding Prop 19 and California Laws for San Diego Homeowners Over 55

California homeowners aged 55 and over now face an evolving real estate environment shaped by Proposition 19 (Prop 19) and other new laws. For those selling or buying a home in competitive markets like San Diego, understanding these changes is essential for tax savings, property inheritance planning, and maximizing financial flexibility. Here’s a simplified look at how Prop 19 and other regulations impact older homeowners in California.

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Prop 19: Tax Benefits and Key Changes

Prop 19, approved by voters in 2020, gives homeowners over 55 the ability to transfer the taxable value of their current property to a new home up to three times, anywhere in California. This can result in substantial property tax savings, even when moving to a more expensive property.

How it Works:

  • Transfer Tax Savings Across Counties: Eligible homeowners can transfer their lower property tax base to a new home in any county, up to three times. This change offers seniors more freedom to relocate or downsize without facing increased taxes.
  • Flexibility for Higher-Value Properties: When moving to a more expensive home, homeowners pay their existing tax rate with a slight adjustment based on the price difference, ensuring their tax burden stays manageable.

Intergenerational Transfers and Property Inheritance

Prop 19 also changes how property is inherited:

  • Parent-to-Child Exclusion Limits: The transfer of a family home from parents to children no longer automatically retains its tax base. Now, the inheriting child must use the property as their primary residence to avoid reassessment, with a capped exclusion on the assessed value.
  • Higher Taxes on Non-Primary Residences: Properties not used as a primary residence by heirs are subject to reassessment, often resulting in higher taxes. Families with investment properties should plan for these implications in estate management.

Other Relevant California Laws Affecting Older Homeowners

  • Prop 13 Protection: Prop 13 limits property tax increases to a maximum of 2% annually while a homeowner retains ownership, allowing many Californians to benefit from low tax rates. Prop 19 now extends this benefit to older homeowners who move within the state.
  • Accessory Dwelling Units (ADUs): California encourages ADU construction, offering potential tax breaks for homeowners, especially those who add ADUs for family or rental income. San Diego’s ADU-friendly policies make these additions more accessible and potentially more valuable.
  • Capital Gains Exemptions: Homeowners selling a primary residence can exclude up to $250,000 (single) or $500,000 (married) of capital gains from taxes. Given San Diego’s high property values, consulting with a financial expert is advisable.

Strategic Considerations for San Diego’s 55+ Homeowners

For those over 55, these changes make it possible to sell or relocate while retaining tax advantages. Here are a few strategic points:

  • Maximize Prop 19’s Benefits: If relocating or downsizing, work with a real estate agent to leverage Prop 19’s tax savings.
  • ADU Potential: Adding an ADU can boost property value and generate rental income, appealing to buyers if you decide to sell.
  • Review Estate Plans: Prop 19’s changes to inheritance rules mean that heirs may face new tax implications. Estate planning is essential to preserve wealth for future generations.

Next Steps

With Prop 19 and recent state provisions, San Diego homeowners over 55 have greater flexibility and new opportunities to minimize property taxes and optimize their real estate choices. LuxeAlly Real Estate is dedicated to helping you navigate these changes to maximize your assets and achieve your real estate goals. Let us assist you in making the most of California’s evolving real estate landscape.

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