Either way, it doesn't make logical sense for the IRS to allow them the $500k married exclusion on both properties.

@Diane Jacob I have been in the Topeka area for 40 years and invest exclusively here.

Lastly, if the home has appreciated at all, taking advantage of Section 121 and taking capital gain exclusions is just another strong point towards selling within the 5 years if you've lived there for at least 2 years. 

That being said, when they launch their next fund, they are strongly considering a 506(c) offering.https://lastmileinvestments.com/While this is not a list of people I have invested with, I will say a lot of 506(b) operators hide in plain site:- Podcast hosts and guests (talking about what they have done past tense, not current offerings)- The gurus often also syndicate deals- Rise48, per their website, has primarily (if not exclusively) 506(b) offeringsThe thing is, depending on how conservative the compliance attorney is, you can have 506(b) operators advertising like there is no tomorrow.  

*Note that we interchangeably use the labels: Lodging House = Rooming House = Single-Room Occupancy (SRO) = Co-Housing PropertyThe building has 3 kitchens and 4 full bathrooms, on 4 floors:3rd floor: The 3rdfloor is ‘off-limits’ to the 1st and 2nd floor tenants, so the two 3rd floor tenants enjoy the exclusivity of their own entrance, and a kitchen and bath shared only with one other unit, plus some distant ocean and Boston skyline views.2nd & 1st floors: Eleven units share 1 kitchen and 2 full bathrooms, one on each floor.

We use Airbnb exclusively and have done, well, fine.

Where i have seen owners get fubared is they have a renters policy and there is an exclusion for when the house goes vacant and they do not know that and then something happens to their rental and they get denied..

I explain that I assume that all my tenants are reasonable adults and will negotiate parking amongst themselves.   

Yes, you'll owe tax on the gain. you're well outside the two years residency out of the last five for the 121 exclusion.

Your brother-in-law’s 10% ownership won’t affect your ability to claim this exclusion on your portion.Unfortunately, the option to roll proceeds into another property (like a 1031 exchange) only applies to investment properties, not personal residences.You’re likely eligible for the exclusion, but I recommend confirming with a Tennessee tax professional for any specific state tax issues and to verify your status with overseas residency.Let me know if you need more guidance on this or related financing!