Connected Party Sale

My husband and his brother inherited the family home on the death of their parents . My husband will be transferring his half share to his brother. The property is currently occupied by his brother and I assume that the transfer will be a capital gain . It will be a transaction not at arms length so Iassume we will need to look at the market value of the property. However will that value be affected by the occupation of the brother and his family . There is no formal lease in place. If so who do we contact to obtain the market value. Could this be a local estate agent. We have a value of the house without occupation but again I asume that this is not usable because of the tenancy.

Hi

Yes this will be seen as a gain. A value will have been applied at the time he inherited it - probably under probate and it is this that he uses, his half, as the purchase price.
For market value, you need to get 3 valuations done, by an estate agent, to take an average price, in order to get the disposal value.
Having his brother living there has no effect on your husband's gain.

Thank you