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Updated 12 months ago on . Most recent reply

User Stats

201
Posts
37
Votes
Ellie Narie
  • Investor
  • Ashland, OR
37
Votes |
201
Posts

Debt replacement in a 1031 exchange with two joint owners, but only one on the loan?

Ellie Narie
  • Investor
  • Ashland, OR
Posted

I heard that with a 1031 exchange we would need to replace the entire debt. How would that work if the property is being owned by two unmarried joint tenants with rights of survivorship, with only one person on the original loan? Can the second person also do a 1031 exchange in their name, but without taking on any debt?  

Maybe person #1 (with the loan) can just gift the funds to person #2 and have person #2 buy 1031 exchange property debt free? Then put both names on the title. 

Is there any way to not replace the debt with a 1031 exchange in this scenario?  

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