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Updated over 2 years ago on . Most recent reply

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Ashish Shah
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doing a quit claim after sale

Ashish Shah
Posted

Dear 1031 experts,

We just completed a 1031 exchange from 2 properties sale into 1 commercial property. The deed of new property and 1031 exchange were set up correctly with the owners from the 2 properties being reflected correctly on the deed of the relinquished property. So all that went ok and now we have the new property with the deed setup etc. and closing went smoothly. 

One of the partner wants out of the new property that we acquired. He is ready to do a quit claim deed as he doesn't want to do a refinancing and be part of the loan on the new property that we are taking out. 

My question is does this 

1. Quit claim deed on the new property (already bought as exchanged property) violate any 1031 exchange rules we have setup / done earlier ? How soon someone can do a quit claim deed 

2. Does refinance on the new property trigger any 1031 exchange violation and how soon can we do refinance ? Does refinance have to be distributed to each partner proportionately or can one partner have it if the other partners gift their part. 

thanks and I see many great questions answered here. I highly appreciate your time on answering my questions.

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Jay Hinrichs
#1 All Forums Contributor
  • Lender
  • Lake Oswego OR Summerlin, NV
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Jay Hinrichs
#1 All Forums Contributor
  • Lender
  • Lake Oswego OR Summerlin, NV
Replied
Quote from @Nathan Gesner:

I've heard it is "recommended" to wait six months, but I've never found a law requiring any time limit. Maybe we'll learn something new?


 ya i dont think there is a seasoning issue with refinance.. but if a partner wants out and cash's out I think that could easily be classified as a sale and all tax is due just like the 1031 never happened int he first place. 

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JLH Capital Partners

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