Can i switch my main home in NJ own by wife and I to my rental property in state of NY only own by me, to save on capital gain from future sale of this rental property?

[geosue]

wife is keeping main home address in NJ, I be moving to NY as my main home, currently filing joint do I need to change filing status to single? TIA

[ColeenD3]

You can't exclude the sale unless both of you meet the qualifications for each house if you file jointly. If you file separately, you are eligible for up to $250,000 if you meet the qualifications. You can't file as single if you are married.

If it becomes a rental, you will have to recapture any depreciation and still meet the qualifications.

Single, married filing separately

You meet the residence, ownership, and look-back requirements. PUB 523

[geosue]

I forgot to mention my ownership is a third between my 2 other brothers. It was transfer to us from our parents when we were kids. Also the rental is a 3 family home I be moving back in 1 apartment and still renting out the other 2. My other 2 brothers are considering to move back in with me and there main home currently is NJ as well. Would the capital gains sale of this property be different being a partial rental property?