Laws, Regulations & Annotations

C

220.0000 CHANGE IN OWNERSHIP

Annotation 220.0149.005

220.0149.005 Deed Presumption. Whether property is owned by a partnership or individuals as tenants in common is a matter of fact for the assessor to determine. Even though no partnership agreement may exist, a written agreement is not required under the Corporations Code. Further, in determining whether a partnership is formed, the intention of the parties is the ultimate test. The intent of the parties can be deduced from a partnership agreement as well as the surrounding circumstances. Where no partnership agreement exists, intent to form a partnership is deduced from the parties' conduct, transaction, and declarations. Property Tax Rule 462.200(b)(2) sets forth the types of documentary evidence that may constitute clear and convincing evidence sufficient to rebut the deed presumption that the owner of the legal title to property is the owner of the full beneficial interest. C 4/19/2007.