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Updated over 5 years ago,

User Stats

28
Posts
12
Votes
Adam A.
  • Real Estate Broker
  • Marietta, GA
12
Votes |
28
Posts

Adding wife to title after 1031 exchange

Adam A.
  • Real Estate Broker
  • Marietta, GA
Posted

We just completed a 1031 exchange last month, sold a rental property that was titled in my personal name, ended up buying two rental properties for cash as replacement properties in my personal name through the 1031.

We are now wanting to do a cash out refinance to get our funds out of these two homes, but to do so we are needing to add my wife as the sole borrower for the cash out refinance.

Will adding her to title on the replacement properties (or having her take on debt off these properties) cause an issue with the 1031 that we did, or create a tax liability on the gain we deferred? Am I able to transfer sole ownership to her without complicating the 1031 or creating a tax penalty?

We file taxes jointly and will still intend on keeping these properties as long term rentals. My plan is to keep my name on title, but not on the mortgage, but if I am able to transfer ownership to her without issue I may opt to do so.

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