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The San Diego Lesbian, Gay, Bisexual, Transgender Community Center | ||
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Heads Up Registered Domestic Partners Who Are Property Owners!If you or anyone you know is a registered domestic partner who recently has had property reassessed for tax purposes based on a transfer of ownership between registered partners due to a death, a relationship break up, or simply one partner adding the other's name to the title, you may have been subjected to unfair and discriminatory taxation. Make sure you have accurate information about your rights as registered domestic partners by calling: National Center for Lesbian RightsCall (415) 392-6257 and ask for Liz Terry at extension 325 or email to Terry@NCLRights.org. Lambda LegalCall (213) 382-7600 and ask for Help Desk Coordinator Estuardo Ponciano at extension 249 or email to eponciano@lambdalegal.org. Hablo Español tambien. Why seeking legal information may be important to you: On September 29, 2005 , Governor Schwarzenegger signed SB 565, which had been authored by Senator Carole Migden and supported by Equality California. Its purpose is to protect registered domestic partners from unfair tax reassessment of their property or businesses, ensuring domestic partners the same protection given spouses under California law. The new law will take effect in 2006. It is important that all registered domestic partners who will be protected by this new law know about it, and also that any registered domestic partners who are being threatened with property tax reassessment before this new law takes effect are seeking informed legal advice now. As a little background for those wanting to know more, California law generally permits the appraised value of real estate for property tax purposes only to increase by a maximum of 2% per year. This limit was created by "Proposition 13," which was passed in 1978; it prevents Californians from being taxed out of their homes by rapidly appreciating real estate values (which otherwise could lead to rapid increases in real estate tax bills). Due to Prop 13, real property in California is only reassessed at its full market value for tax purposes when the property is transferred to a new owner. A change in title transferring ownership between spouses does not count as a change of ownership triggering reappraisal of real estate. In other words, if a wife dies and her husband inherits her ownership in any real estate, the county assessor can't reappraise the property for full market value. Before the passage of SB 565, registered domestic partners had protection against property tax reassessment through rules established by the state Board of Equalization, which oversees property tax assessment statewide. There has been some confusion about how these rules work, which is why it is so important for registered domestic partners who face reassessment now, before SB 565 takes effect, to obtain informed legal advice. If you have questions regarding the procedure of registering
as Domestic Partners, or about the specific rights and responsibilities
involved, call The Center's Public Policy Department at (619) 692-2077
x 212 or e-mail
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