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Affidavit of Cotenant Residency (BOE-58-H)

The change in ownership exclusion for a transfer of an interest in real property between cotenants that takes effect upon the death of one cotenant applies as long as all of the following are met:

  • The transfer is solely by and between two individuals who together own 100 percent of the real property in joint tenancy or tenancy in common.
  • As a result of the death of the transferor cotenant, the deceased cotenant’s interest in the real property is transferred to the surviving cotenant, resulting in the surviving cotenant owning 100 percent of the real property, and thereby terminating the cotenancy.
  • For the one-year period immediately preceding the death of the transferor cotenant, both of the cotenants were owners of record.
  • The real property was the principal residence of both cotenants immediately preceding the transferor cotenant’s death.
  • For the one-year period immediately preceding the death of the transferor cotenant, both of the cotenants continuously resided in the real property.
  • The surviving cotenant must sign, under penalty of perjury, an affidavit affirming that he or she continuously resided in the real property with the deceased cotenant for the one-year period immediately preceding the date of death.

Submission Deadline:
None; however, the death of the cotenant must be on or after January 1, 2013.

Form Number: 
BOE-58-H

Last updated: 1/03/17