@mgarry3416 I guess we would need to OP to explain more about the situation. If it is a divorce situation, there is an exception for that:
"Separated or divorced taxpayers.
If you were separated or divorced prior to the sale of the home, you can treat the home as your residence if:
• You are a sole or joint owner, and
• Your spouse or former spouse is allowed to live in the home under a divorce or separation agreement and uses the home as his or her main home."
right side of page 4.
www.irs.gov/pub/irs-pdf/p523.pdf
