[Claim for Real Estate Expenses]

The Veterans Administration requested a decision concerning a transferred employee's claim for real estate expenses associated with the sale of a residence at his old official duty station. GAO noted that: (1) the claimant married the owner of the residence after he received notification of his transfer; (2) prior to the marriage, the owner entered into an agreement to sell her property, at which time the property was in her name alone; (3) on the date the claimant's travel orders were issued, the owner transferred the title to the claimant and herself as tenants-in-common. GAO found that: (1) statutory authority provides for the reimbursement of expenses for the sale of an employee's residence at an old duty station and the purchase of a residence at a new duty station; (2) an employee must have regularly commuted to and from the old residence; (3) an employee must be residing in the house at the time he is notified of his transfer; (4) an employee must have direct or derivative interest in the property prior to notification of transfer; (5) although the residence was located at the claimant's old duty station and he was residing there at the time he was notified of his transfer, he did not acquire interest in the residence until 2 days after he received notice of his transfer; and (6) since the owner of the property was not a member of the claimant's immediate family prior to notification, the claimant had no interest in the property at that time. Accordingly, the claimant may not be reimbursed for any of the real estate expenses associated with the sale of the property.