I co-owned a home with my brother since 1990s. Both of our names are in the title and tax forms. I moved out of the house around 2010 and the new home is considered my new primary residence, while my brother still lives in the house and it is his primary residence. If we sell the house for more than $400,000 profits (splitting the profit would be $200K each), would I be able to take the exclusion law for my half of the profit even though I technically am not using this home as my primary residence? I have never sold any homes before that so I have not used the exclusion law before. For my brother, since it is less than $250K in profit, he would be able to use the exclusion in capital gain. All tax forms, titles, are still under our names still. Thanks
