Legal Question in Real Estate Law in California
Can I sell my rental real estate to my Brother-in-law in a tax free exchange?
Asked on 6/25/10, 10:10 am
3 Answers from Attorneys
Sorry, I answered too quickly. If you mean in a 1031 exchange, then sure. The property you sell can go to anyone. If you mean, however, would it fall under any of the family-based tax exemptions for real estate transfers, then the original answer is correct. And in either case the property would be subject to transfer taxes and Prop. 13 reassessment.
Answered on 6/25/10, 2:13 pm
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
.....and, of course, the transaction would have to meet all of the other requirements for 1031 exchanges,
Answered on 6/25/10, 2:34 pm