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Updated 12 months ago on . Most recent reply presented by

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Peter Lu
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How to handle 1031 with Tenancy-in-Common title?

Peter Lu
Posted

I have a property that is held as Tenancy-in-Common with my sibling on the title, let's say for the sake of example that I own 70% and the sibling owns 30%.  

Will it be very complicated to do a 1031 Exchange for my portion (provided that we relinquish the property and the sibling just receives the cash for her portion)?  

A few additional context that may make this a bit more complicated:

- ideally the 1031 exchange that I do will then add my wife to the picture with the trust that we have established (however it's easier to do)

- the property was previously used as our primary property, but is now a rental property for at least 4-5 years

- an alternative is the sibling is open to gift annually up to the gift limit so that we own the property outright prior to the exchange, but that will take quite a few more years

Thank you!

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