Claim for Reimbursement of Real Estate Selling Expenses

GAO was asked to determine whether a civilian employee of the Air Force was entitled to real estate expenses for the sale of his home near his old duty station upon his transfer to a new duty station. The claimant stated that, as a part of a divorce proceeding, the court ordered him to vacate the family home. His wife and children were allowed to remain in temporary possession of the family home, and he complied with the order by moving into a nearby apartment. The claimant also stated that he believed that the family residence remained his legal abode during the time in question. Subsequently, the claimant received notice of transfer to a new duty station, and his home was sold pursuant to a court decree. His request for reimbursement of the real estate selling expenses was denied because the claimant did not reside in the home when he first received notice of his transfer. GAO held that the claimant's absence from the home was involuntary and temporary at the time he was notified of his transfer, and he may be reimbursed for real estate expenses. However, at the time the sale was consummated, he was divorced and his former wife was no longer a member of his household within the meaning of applicable regulations. Accordingly, the claimant may be reimbursed one-half the real estate expenses.