Selling a home currenly on mine and my brother in laws name

[Mohammed W.]

I currently have a rental property on mine and my brother-in-laws name that has appreciated about $50,000. I'd like to sell it and roll the proceeds into another rental property which would go on mine and my wife's name.

Would I be able to do this by having the title company1099 the profit to just me? Would my brother-in-law be liable for any taxes or if he didn't report it at all, could it trigger an audit for him? (Some background: I was the one that funded the transaction from the beginning and reported and paid taxes on the rental income all these years. He has never claimed any of it as he did not have any financial obligation or profit from it.)

If there are any accountants out there or anyone that has done this, your opinion would be greatly appreciated.