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Updated over 5 years ago on . Most recent reply

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Tom V.
  • San Francisco, CA
281
Votes |
345
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Trust-held assets and 1031 related-party limitations

Tom V.
  • San Francisco, CA
Posted

Hi everyone:

I am curious if any 1031 experts could weigh in on the following: 

I believe that 1031 exchanges disallow "related party transactions" where family members are related parties if they are siblings, spouses, ancestors, and lineal descendants.  Excluded from this list are in-laws.  So, hypothetically, I own a property and I could do an exchange with my mother-in-law or my daughter-in-law. 

My wife and I have a living trust (for estate planning purposes) that owns a California LLC that owns a property. If I exchanged this property with my father in law, it seems like I could be violating the related parties rule (because my wife is an equal owner of the trust that is the beneficial owner of the LLC). If we recorded a quitclaim deed signed by my wife (signalling her lack of ownership in the property) could I then demonstrate sole ownership of the parcel (and thus not violate the related-parties prohibition for an exchange?)

Thanks in advance for any informed advice.  

Most Popular Reply

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966
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498
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Mark Creason
  • Real Estate Lender and Broker
  • Dallas, TX
498
Votes |
966
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Mark Creason
  • Real Estate Lender and Broker
  • Dallas, TX
Replied

I would say no but this seems like @Dave Foster question

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