Need Advice - unwinding a partnership and selling a property
In 2005 I entered into a partnership with my brother and a couple of friends. We purchased a single family house to rent out. We (over)paid around $127,000 for the house. The property is titled in my brother's name, as is the mortgage on the property, with a current balance of $102,000. A few years back, as the partnership began to lose money, I bought out two of the partners. I now own about an 80% interest in the partnership.
I would like to buy out my brother's interest so that I can eventually either sell the house utilizing a 1031 exchange or re-finance the house at current low interest rates (I can qualify for a conventional mortgage). I don't want to sell the house out of the partnership and get stuck paying depreciation recapture. The house will sell for $130k - $135k.
In order to do a 1031 exchange or re-finance the house, I need it to be deeded in my name. Can I buy my brother's share of the partnership and then have the partnership deed the house over to me without triggering any tax consequences? Will the partnership (a general partnership, we never filed formation documents with the secretary of state) cease to exist if I buy out my brother's interest? Will there be some seasoning period required, or should I be able to re-fi right away if I acquire 100% of the partnership?