Senior Downsizing Real Estate Agent in Yorba Linda, CA
Paula Aragone represents owners aged 55 and over leaving a Yorba Linda property that was set up around animals they can no longer keep, where the entitlement written into the municipal code is part of what is being sold and the decision to sell it as it stands is worth thinking about before anything is dismantled.
Horse keeping in Yorba Linda is written into the municipal code by lot square footage and zone rather than left to private covenants, which makes it provable, and therefore checkable by the buyer. That entitlement is part of what an owner over 55 is selling. It is not, however, self executing: it is worth a great deal to a narrow group of buyers and close to nothing to everyone else, and that decides how the property should be presented.
| Where the entitlement comes from | Municipal code, by lot square footage and zone, not from covenants |
|---|---|
| Permit free threshold | 15,000 square feet in R-A, RLD or R-E. R-S and R-U need a use permit at 10,000. |
| The separation rule | 50 feet from a neighbouring dwelling, excluding garages |
| The trail network | Over 100 miles citywide, with a 2024 updated trails element |
| Fire exposure | Over 6,500 acres mapped, more than 4,700 of them Very High |
| The tax move | Base year value transfers up to three times, anywhere in California |
You Built the Property Around Something You Can No Longer Do
Yorba Linda incorporated on 2 November 1967 across 19.97 square miles and calls itself the Land of Gracious Living. The part of that with legal content is horse keeping, and for an owner who has stopped riding it becomes a decision rather than a description.
The entitlement is measured, not asserted. Keeping animals is permitted without a use permit on lots of at least 15,000 square feet in the R-A, RLD and R-E zones, and requires a conditional use permit at 10,000 square feet in R-S and R-U. The count runs with the square footage: one animal from 10,000 to 15,000 square feet, two from 15,001 to 17,000, three from 17,001 to 20,000, and six from 30,001 square feet up to one acre with two more per additional acre. Thirty planned developments, numbered PD-1 through PD-30, can overlay a base zone with something different, so the base zone is a starting point rather than an answer.
The siting rules are where long tenure creates problems. No equine or cleft hoofed animal may be kept in a required front yard, side yard or street side yard. Animals, coops, aviaries and rabbit cages must sit at least 50 feet from any neighbouring dwelling, measured from the edge of the structure to the nearest edge of the adjoining dwelling, excluding garages. Barns and stables housing horses require the same 50 feet from any dwelling. A riding arena closer than 50 feet is limited to two hours of use daily and must control dust by watering or similar means, which is a use restriction that passes to whoever buys.
Everything built to serve the animals is an accessory structure subject to the size, height and location standards in the code, with the stricter of the accessory standard and the zone setback prevailing. Barns, shelters and arenas built without permits are among the most common permit problems in this city. And where a recorded trail easement crosses the parcel, it is an encumbrance that belongs on the preliminary title report review rather than in the marketing copy: the city maintains over 100 miles of trails coordinated for hikers, bikers and equestrians under a 2024 updated Riding, Hiking and Bikeway Trails Element.
The second file on every property here is fire, and the numbers are not small. CAL FIRE released the updated maps on 24 March 2025, and the City of Yorba Linda worked with the Orange County Fire Authority to complete the public review process before the City Council adopted them. Over 6,500 acres are now in a mapped Moderate, High or Very High zone, and over 4,700 acres of that is Very High. Against a city of roughly 12,780 acres, that is better than half the ground.
The history behind those numbers is specific rather than atmospheric. The Freeway Complex Fire burned from 15 to 25 November 2008 across 30,305 acres including 90 percent of Chino Hills State Park, Orange County's fourth largest fire on record, destroying 314 homes overall. Yorba Linda's own share was 113 homes destroyed and 50 damaged, with erratic winds carrying embers up to half a mile. In October 2020 the Blue Ridge Fire burned over 13,000 acres in the same area. The half mile ember cast is the operative fact, and it is why not being next to the brush is not an answer here.
For an equestrian parcel the two files collide. The defensible space obligation runs 100 feet from each side of every occupied structure, not beyond the property line, with an ember resistant zone within five feet, and a barn is a structure with its own perimeter. Hay, bedding and manure piles are fuel. Reconciling that with pasture, arena footing and shade trees is a real project, and it should start before the listing rather than during an inspection period, because it is also the argument a seller makes to a buyer's insurer.
Selling a Yorba Linda Property Built Around Animals, and Buying the Next One
Nine steps in the order that keeps both tax clocks running and stops the property being altered before anybody has established what the alterations are worth.
Establish the Proposition 19 position, and how many of the three remain
The claimant must be at least 55 on the date the original primary residence sells, and the base year value transfers up to three times where Propositions 60 and 90 allowed one. Only one spouse needs to meet the age test, and that spouse has to be on title to both properties. How a married couple is counted against the three is a question for the Orange County Assessor.
Get the section 121 number before the property is described to anybody
The exclusion is 250,000 dollars single and 500,000 dollars joint and has not been indexed since 1997. It needs ownership and use as a principal residence for periods totalling 24 months inside the five years ending on the sale, and no other section 121 exclusion in the previous two years. On acreage bought before the city's eastern expansion the gain has had decades to accumulate.
Decide which transaction leads, with the marketing period allowed for
Selling first and buying within a year sets the adjusted full cash value of the original at 105 percent, and 110 percent in the second year. Buying first drops it to 100 percent and starts an unrefunded period of tax at the replacement's full market value. On a property with a narrow buyer pool that second route carries more deadline risk than it does elsewhere.
Deal with the contents, the tack and the outbuildings
This is a larger job than a house alone. Tack, feed, equipment, a tractor, decades of fencing materials and whatever the barn absorbed have to be dealt with alongside forty years of the house itself. Set dates by structure rather than by room, decide early what is sold with the property, and put that in writing so it does not become a negotiation in escrow.
Measure the lot and the setbacks before anything is written about them
Horse keeping is permitted without a use permit on at least 15,000 square feet in R-A, RLD or R-E, and needs a conditional use permit at 10,000 square feet in R-S and R-U. The count runs by lot size, and animals may not be kept in a required front, side or street side yard. Take the square footage from the assessor and the survey rather than from an old listing.
Decide what to repair, and what to leave for the buyer who wants it
Polybutylene supply lines are more likely here than anywhere else nearby because the 1980s and 1990s build dominates, and the only permanent remedy is full replacement. Aluminium branch circuits and older panels sit in the 1970s stock. Barns, shelters and arenas are accessory structures with their own size, height and location standards, and a permit search on them is cheaper than a repair.
Confirm the fire class and build the package from it
The city adopted the updated CAL FIRE maps after completing the public review process with the Orange County Fire Authority. Over 6,500 acres are mapped, over 4,700 of them Very High. High or Very High brings the Civil Code 1102.6f fire hardening disclosure on homes built before 1 January 2010, including the retrofit list added on 1 July 2025, and Civil Code 1102.19 defensible space documentation.
Market it to the buyer the entitlement is worth something to, then close
Broad exposure matters most where the pool is narrow, because the difference between the right buyer and an adequate one is largest on a property like this. At closing the state withholds 3 and one third percent of the sales price by default, with a principal residence exemption under IRC section 121 claimed on Forms 593 and 593-V. It is claimed, not automatic.
File BOE-19-B inside three years, with the right county
The claim goes to the assessor of the county where the replacement property sits, within three years of the purchase or of completion of new construction. Filed later, relief begins with the calendar year in which the claim is filed and the intervening years are never refunded. BOE-19-D covers a severely and permanently disabled claimant and BOE-19-V covers wildfire and disaster victims.
Which Side of the Country Club the Property Sits On, and What Is Realistic Next
The eastern two thirds of this city was ranch land within living memory, which is why the ranch names survive as tract names and why the acreage and the maintenance obligation both run east.
Equestrian parcels in R-A, R-E, RLD and OSR
Where the entitlement lives without a use permit, at 15,000 square feet and above. The lots that take the most work to leave, and the ones where the buyer pool is narrowest and the marketing period longest.
Country Club Village
Around the Yorba Linda Country Club, the historic western dividing line of the city. Established and long held, which usually means a long improvement history and a permit search worth starting early.
Main Street Historic District
The old town area, the pre incorporation layer of the city near the Nixon birthplace. Small scale, walkable, and one of the few parts of Yorba Linda where the ground is not the main subject.
Woodgate
Established mid city tract with mature landscaping. Mature planting close to the structure is exactly what the fire hardening disclosure asks about, so the garden is part of the file rather than only part of the appeal.
East Lake Village
2,240 single family homes around a 15 acre private lake, with two recreation sites, a two level clubhouse, three pools and a spa, a junior Olympic pool, fitness facilities and a championship swim team facility.
East Lake Village Shores
The waterfront homes inside East Lake Village. Waterfront property carries obligations the interior lots do not, so which entity owns and maintains the lake, the shoreline and any waterfront improvement has to be established in writing.
Vista del Verde
The newest large master planned area, wrapped around the Black Gold Golf Club. Modern systems and tighter architectural control, and the assessment position on any parcel is settled from the tax bill rather than from the tract name.
Kerrigan Ranch
Eastern, later build, hillside sited with larger newer product and high fire zone exposure. Hillside development standards apply to anything with a gradient of 15 percent or greater, natural or manufactured.
Bryant Ranch
Eastern ranch name tract served by Bryant Ranch Elementary. Family buyers moving up as the seller moves down, which is the match that shortens a marketing period rather than lengthening it.
Travis Ranch
Eastern, and served by Travis Ranch School, the district's kindergarten through eighth grade campus, which is unusual in Placentia Yorba Linda Unified and a genuine draw for the buyer replacing you.
Hidden Hills
Tucked interior siting and quiet, with the trail network as the selling point. That same network is the reason a recorded easement has to be read before anything about privacy is claimed.
Stonehaven
A later planned tract with consistent product under association governance. Less ground to maintain personally than an equestrian parcel, which makes it a realistic local landing place rather than only a comparison.
Amberhill
Small and high identity newer hillside product. Limited comparable activity inside the pocket, so the valuation is built property by property rather than drawn from the wider city.
West Bastanchury
The last large piece of city owned undeveloped property left in the city. Worth knowing as a neighbour, because a buyer will ask what happens to open ground next door and the honest answer is that it is not settled.
Savi Ranch
The primary commercial district rather than a residential tract. Relevant as an amenity for an owner who wants to drive less, and as a noise and traffic edge for anything close to it.
Six Things That Complicate Leaving a Property Set Up Around Animals
Yorba Linda, California
None of these are about the house. Each one is something that was built, fenced or assumed over decades, and that a buyer's agent can now check against a published code.
The animals left years ago and the structures stayed
A barn, a shelter, a tack room and an arena are accessory structures subject to the size, height and location standards in the code, with the stricter of that standard and the zone setback prevailing. Unpermitted equestrian structures are among the most common permit problems in this city, and they are usually the work of an owner who built what was needed at the time.
Search the record before deciding anything. Completed building permits are held in the city's WebLink database, inspection history in Accela Citizen Access, and anything neither holds comes through a public records request. The Building Division is at 4845 Casa Loma Avenue. Where no permit exists, that is a disclosure, and it is a far smaller problem disclosed at listing than discovered in escrow.
The arena sits inside the fifty feet, and the restriction goes with the land
A riding arena closer than 50 feet to a dwelling is limited to two hours of use daily and must control dust by watering or similar means. That is not a historical detail about how the family used it. It is a live restriction on the use a buyer is purchasing, measured from the structure to the nearest edge of the adjoining dwelling, excluding garages.
Marketing an arena as a feature while the applicable limit is a use restriction is the sort of gap a buyer's agent finds and a seller then has to explain. Measure it, state it, and let the buyer decide what it is worth to them. The same 50 feet applies to barns and stables housing horses, and to where animals may be kept relative to a neighbouring dwelling.
The fence and the planting have been across the trail easement for twenty years
Where a recorded trail easement crosses the parcel, it is an encumbrance on title, not a courtesy. Obtain the recorded document, confirm its width and alignment against what is actually on the ground, and check whether a fence, a corral, an arena, a planting or a structure sits inside it. Long occupation does not quietly convert an easement into a garden.
This is a preliminary title report item and it belongs there rather than in the marketing copy. A buyer who finds out after closing that the public has the right to ride through the back of the property has a genuine complaint, and the city's Parks and Recreation department, working from the 2024 updated trails element, is the authority on the alignment.
The zone class and the carrier decided the price before the buyer did
Over 6,500 acres of a roughly 12,780 acre city sit in a mapped fire hazard severity zone and over 4,700 acres of that is Very High, so on much of this ground the transaction is an insurance transaction as well as a real estate one. FAIR Plan policies statewide grew from 124,000 in 2019 to more than 645,000 by December 2025, and the plan covers fire, lightning and smoke only, caps residential policies at three million dollars and normally needs a Difference in Conditions companion.
A seller who arrives with the zone class confirmed, the defensible space documentation obtained, any final inspection report in hand, the completed low cost retrofits listed and a clear statement of their own carrier position is in a materially different position from one who does not. On a property built before 1 January 2010 the fire hardening disclosure applies. On a post 2008 rebuild completed on or after that date it does not, and that is worth saying out loud rather than burying.
The defensible space and the hay barn want the same hundred feet
Defensible space runs 100 feet from each side and from the front and rear of the structure, not beyond the property line, with an ember resistant zone inside five feet and heavier fuel reduction from five to thirty feet, plus removal of limbs within ten feet of a chimney outlet. A barn is a structure, so it carries its own perimeter, and hay, bedding and manure are fuel.
Reconciling that with pasture, footing, shade trees and storage is a project rather than an afternoon, and it is one that has to be done by the person who has been doing it for years, at the point when they have least energy for it. The city runs a fuel mitigation grant project across seven strategic sites and roughly 78 acres, protecting about 296 homes, with methods including goat grazing, hand crews and mechanical abatement. That helps the neighbourhood. It does not clear a private barn.
The buyer pool is narrow and the Proposition 19 clock is not
This is the honest difficulty on this page. What makes the property special is worth a great deal to a small number of buyers and close to nothing to the rest, which means the marketing period is genuinely less predictable than it would be for an ordinary house on an ordinary street. Pricing it as though every buyer values the arena is how a listing sits.
That unpredictability is exactly why the order of the two transactions matters more here. Buying the replacement first starts a two year deadline for a sale whose length nobody can promise, and if it runs past two years from that purchase the base year value relief is gone rather than reduced. Selling first removes that risk and replaces it with the inconvenience of moving twice.
Selling the Ranch Parcel First, or Landing Somewhere Level First
Both orders qualify, because the two year window runs in either direction. On a property with a narrow buyer pool the two routes do not carry the same risk, and that is the part worth thinking about.
Sell first, then buy
This is the order the statute rewards and, here, the order that removes the deadline risk. Sell the Yorba Linda property, buy the replacement inside the first year, and the adjusted full cash value of the original is computed at 105 percent, or 110 percent for a purchase in the second year. Where the replacement costs more, that cushion is the difference between adding to the transferred value and not.
The formula decides the number. If the replacement's full cash value is equal to or less than the adjusted full cash value of the original, the factored base year value transfers intact. If it is greater, the new taxable value is the factored base year value plus the difference. The Board of Equalization's own example: an original with a full cash value of 400,000 dollars and a factored base year value of 100,000 dollars, sold, with a replacement bought in the first year after for 600,000 dollars. The adjusted figure is 420,000 dollars, the excess is 180,000 dollars, and the replacement is assessed at 280,000 dollars rather than 600,000.
There is a practical advantage on an equestrian parcel too. Selling first means the animals, the equipment and the outbuildings are dealt with once, on a schedule the seller controls, rather than in parallel with settling into a new house. Carrying two properties when one of them has livestock, acreage and a defensible space obligation is not the same as carrying two ordinary houses.
The honest downside is that you have to live somewhere in between, and that this property may take longer to sell than a tract house would. Selling first without a replacement identified means a rental, a family spare room, or an offer written under time pressure with the two year clock already running. Two moves rather than one is real work at any age.
Buy first, then sell
This qualifies. The Board of Equalization is explicit that as long as one transaction occurs on or after 1 April 2021 and the original is sold within two years of the purchase of the replacement, the base year value transfers. For an owner who wants to be settled somewhere level before another summer of maintenance, that is a real argument.
It costs two things before anything goes wrong. The factor drops to 100 percent, so on a 1,000,000 dollar original the gap between 100 percent and 105 percent is 50,000 dollars of assessed value carried for as long as the replacement is owned, roughly 500 to 600 dollars a year at a typical Orange County rate. And the replacement is taxed at full fair market value from purchase until the original sells, with no refund for that period.
The worked case: an original with a full cash value of 1,200,000 dollars and a factored base year value of 180,000 dollars, and a replacement bought before the sale for 1,400,000 dollars. The factor is 100 percent, the adjusted full cash value of the original stays at 1,200,000 dollars, the excess is 200,000 dollars, and the new taxable value is 380,000 dollars rather than 1,400,000.
The honest downside is sharper here than in most places. Buying first usually means qualifying while still carrying the original, and the original must actually sell and be reassessed to market for the transfer to happen, because vacating it is not enough. On a property whose buyer pool is narrow, and where an insurance question or a permit gap can extend an escrow, a two year deadline is not as generous as it sounds.
The Entitlement Is Worth Something to One Buyer and Nothing to the Rest
Paula Aragone has worked Orange County transactions for 23 years, across 900+ transactions and $900M+ sold, and she came to it after four years of law school. She holds the CPRES and SRES designations. SRES is the Seniors Real Estate Specialist credential from the National Association of Realtors, for agents working with clients aged 50 and over, and the reason it exists is that the decisions carrying the most money here are made months before a listing agreement is signed.
Yorba Linda is the one city nearby where an equestrian claim is a defensible representation rather than a stretch, because the code makes it checkable by lot square footage and zone. That cuts both ways. A property that measures up is worth presenting precisely, with the square footage, the count, the separations and the permit record in hand. A property that does not measure up is one where a buyer's agent will find the gap, and where a seller is better off knowing first.
The advice that saves the most money on this page is also the least intuitive: do not dismantle the property before establishing what it is worth as it stands. The entitlement is value that does not automatically survive a change of use, and it is worth a great deal to a narrow group of buyers. Removing an arena, taking down a barn or replacing pasture with lawn should be a decision taken with a number attached, not a tidying up exercise before the photographs.
The reader of this page is very often not the owner. Adult children arrive with a spreadsheet and a date, and the owner arrives with decades of a property the spreadsheet cannot see. Both are right about different things. Nothing here is tax or legal advice: confirm the Proposition 19 figures with the Orange County Assessor, the section 121 position with a CPA, and anything touching Medi-Cal eligibility with a California elder law attorney.
Downsizing From a Yorba Linda Equestrian Property, Answered
What owners over 55 ask when the horses have gone and the property has not, answered for California law and for this city's code.
Should we sell it as an equestrian property or as a large lot house?
Establish which one it actually is first, then decide. If the lot measures at least 15,000 square feet in R-A, RLD or R-E, the entitlement exists without a use permit and it is a provable feature rather than a claim. If it sits in R-S or R-U it needs a conditional use permit, and the answer depends on whether that permit exists and is in good standing. A property that measures up should be presented precisely, because the buyer who wants it will pay attention to the detail and no other buyer will care at all.
What will a buyer's agent check against the code before writing an offer?
The square footage against the animal count schedule, and it is published. One animal from 10,000 to 15,000 square feet, two from 15,001 to 17,000, three from 17,001 to 20,000, and six from 30,001 square feet up to one acre with two more per additional acre. They will also check the zone, because the permit free threshold applies in R-A, RLD and R-E while R-S and R-U require a conditional use permit, and any planned development overlay, since thirty of them exist and one can displace the base zone standard.
Our arena sits close to the neighbour's house. Does that pass to the buyer?
It does, and it should be disclosed as a use restriction rather than advertised as a feature. A riding arena closer than 50 feet is limited to two hours of use daily and must control dust by watering or similar means. The same 50 feet governs where animals may be kept relative to a neighbouring dwelling, and barns and stables housing horses require at least 50 feet from any dwelling, measured from the edge of the structure to the nearest edge of the adjoining dwelling, excluding garages. Measure it before it is described.
The corral has been in the side yard for thirty years. Is that a problem now?
It is a legacy condition worth identifying before a buyer's agent does. No equine or cleft hoofed animal may be kept in a required front yard, side yard or street side yard, and corrals sited inside a side yard setback are one of the more common historical situations on older parcels here. Nothing about that stops a sale. What stops a sale is describing the property as compliant when it is not, or leaving a buyer to find the discrepancy during their own inquiry period and draw their own conclusions about the rest of the file.
Our fence and planting cross a recorded trail easement. Does that have to be undone before closing?
That is a title question rather than a landscaping one, and it needs the recorded document. Obtain it, confirm the width and alignment against what is actually on the ground, and identify anything sitting inside it. Long occupation does not convert an easement into a garden. Handle it on the preliminary title report review, where a buyer's counsel expects to see it, rather than in the marketing copy. The city maintains over 100 miles of trails under a 2024 updated Riding, Hiking and Bikeway Trails Element, and Parks and Recreation is the authority on alignment.
Should we take the barn down before we sell?
Not as a default, and not without a number attached. Barns, shelters, tack rooms and arenas are accessory structures subject to the size, height and location standards in the code, with the stricter of that standard and the zone setback prevailing, so the first step is a permit search rather than a demolition quote. Completed building permits sit in the city's WebLink database, inspection history in Accela Citizen Access, and anything neither holds comes through a public records request. Removing what makes the property distinctive is a decision, not a tidy up.
How do we keep 100 feet of defensible space and still store hay and bedding?
By treating the barn as what it is, a structure with its own perimeter. Defensible space runs 100 feet from each side and from the front and rear of the structure, not beyond the property line, with an ember resistant zone inside five feet, heavier fuel reduction between five and thirty feet, and removal of limbs within ten feet of a chimney outlet. Hay, bedding and manure piles are fuel. Reconciling that with pasture, footing and shade trees is a project to start before the listing, and it doubles as the argument to a buyer's insurer.
Does the city do anything about the fuel, or is it all on the owner?
Both. Yorba Linda runs a CAL FIRE fuel mitigation grant project across seven strategic sites, approximately 78 acres, intended to protect about 296 homes, using goat grazing for flashy fuels, hand crews and mechanical abatement chosen by slope and accessibility, removal of dead and dying vegetation and non native species, defensible space treatments and thinning, and creation of evacuation zones, with input and implementation assistance from the Orange County Fire Authority. It is worth naming to a buyer. It does not touch private ground, so the obligation around your own structures remains yours.
We lost our house in 2008 and rebuilt. Does that give us anything extra under Proposition 19?
There is a separate category worth asking the assessor about. Alongside the age 55 provision, Proposition 19 provides base year value transfers for victims of a wildfire or a governor declared disaster, claimed on form BOE-19-V, and that category is not subject to the three transfer cap that applies to a claimant over 55. Whether a specific past loss qualifies, and how it interacts with a current move, is a question for the Orange County Assessor rather than an assumption. Separately, a home completed on or after 1 January 2010 is exempt from the fire hardening disclosure.
We want to move to East Lake Village. Does the tax base follow us across town?
Yes, on the same terms as a move to another county, because Proposition 19 works anywhere in California. Both properties have to be primary residences eligible for the homeowners' exemption or the disabled veterans' exemption, and the replacement has to be bought or newly built within two years of the sale. What changes is the ongoing cost picture: East Lake Village is 2,240 homes around a 15 acre private lake with two recreation sites, three pools and a spa, a junior Olympic pool and a championship swim facility. A buyer, and a seller moving in, should read the reserve study.
We are looking at Vista del Verde. Will a special tax cancel out the saving?
Check the parcel rather than the tract name. A base year value transfer moves the assessed value that the one percent general levy is calculated from, and does nothing to a special tax or to association dues, which are separate lines on the bill. No Community Facilities District specifically named for Vista del Verde could be confirmed from a primary source, so do not assume one either way. What the city demonstrably has is a street lighting and landscaping maintenance assessment district with defined zones. The authoritative answer is the direct assessment lines on the secured tax bill.
How many of these transfers do we get, and can we use one to leave the county?
Up to three as a claimant who is at least 55 at the time of sale or severely and permanently disabled, and to anywhere in California. Both of those are changes. Under Propositions 60 and 90 the relief was one time only, and once used neither you nor a spouse residing with you could file again, even on that spouse's death or a divorce. Proposition 60 worked only inside the same county, and Proposition 90 only into a county that had adopted an authorising ordinance, of which there were ten as of November 2018. Those restrictions are gone.
What is the capital gain likely to be on a parcel bought in the 1970s?
Large enough that the figure should exist before a listing date is chosen. The section 121 exclusion is 250,000 dollars single and 500,000 dollars joint and has not been indexed since 1997, so it covers a shrinking proportion of the gain with each year of ownership. It requires ownership and use as a principal residence for periods totalling 24 months in the five years before the sale, and no other section 121 exclusion in the previous two. What is above it is taxable federally, taxable in California at ordinary rates, and potentially subject to the 3.8 percent Net Investment Income Tax.
Should we repair the house first, or sell it as it stands?
Fix what stops a loan or a policy, and disclose the rest. In the 1980s and 1990s stock that dominates this city, polybutylene supply lines are the item most likely to appear, degrading internally from chlorine and chloramine in municipal water, no longer accepted by building codes, with full replacement the only permanent remedy. Aluminium branch circuits and older panels sit in the 1970s stock and cast iron drains in anything pre 1975. Ordinary repairs and maintenance never add to basis, so a cosmetic refresh does not reduce the tax bill either.
Is there a way to defer the property tax while we work out what to do?
There is a postponement programme, not an exemption. The State Controller's Property Tax Postponement programme requires the claimant to be at least 62, or blind, or disabled, to own and occupy the home as a principal residence, to hold at least 40 percent equity, to have no reverse mortgage, and to have total household income at or below 55,181 dollars as defined in Revenue and Taxation Code 20503. Interest accrues at 5 percent a year, a lien is recorded, only current year taxes are eligible, and applications run from 1 October to 10 February. Confirm the current income figure with the State Controller's Office.
If we move to a 55 and over community, can a younger spouse live there with us?
Usually, and the answer is in that community's own governing documents rather than in federal law. Under 24 CFR 100.305 a housing for older persons community relying on the 55 and over exemption must have at least 80 percent of its occupied units occupied by at least one person aged 55 or older, and under 24 CFR 100.307 it must verify occupant ages at least once every two years through reliable documentation. That 80 percent is a community level test, not a rule about any individual household. Read the association's documents before writing an offer.
Related Pages
Other specialties in Yorba Linda
Senior downsizing nearby
Decide What You Are Selling Before You Decide What to Remove
949-415-4784
If you are 55 or over and the animals have gone but the property has not changed, the first conversation is about the lot, the permits, the easement and the two year window. Call or text, and bring whoever in the family is asking the questions.
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Paula Aragone, California DRE 01364746. Aragone & Associates is a team at First Team Real Estate, California DRE 01008773. Information is deemed reliable but not guaranteed. This page is general information about California real estate practice and is not legal, tax or financial advice.
Aragone & Associates Real Estate Group, 4 Corporate Plaza Dr #100, Newport Beach, CA 92660. Paula Aragone, California DRE 01364746. Brokerage: First Team Real Estate, California DRE 01008773. Equal Housing Opportunity. Nothing on this page is legal, tax or financial advice, and no attorney client relationship is created by contacting this office. Consult your attorney, your accountant and your county assessor before acting on any statement here. Information is deemed reliable but not guaranteed and is subject to change without notice.
