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B-205891 1 (1982-07-19)

handle is hein.gao/gaobadkmu0001 and id is 1 raw text is: I-.ECIGION THE CIMITFICLIER O3SNEFIAL, Ltr THEE UNITED SBTATB WASHINGTON, D.O. P?01340 B-205891 DATEi July 19$, 192 MATTER OF: DIcE4gT: Charles R. Holland Real estate selling expenses may be reimbursed to an employee who was not residing in his family home at the time he was first notified of his transfer of duty stations because a court had ordered him to vacate the hoesi but continue mortgage and utility payments pending dtvorce, Os absence is considered involun- tary and temporary so that the home may be con- sidered his residence, However, at the time the sale was consummated he was divorced and his former wife was, therefoce, no longer a member of his household within the meaning of applicable regulationG. Accordingly, the employee's reimbursement is limited to one- half of the real estate expenses--the extent of his interest in the home at the time of settlemento The Accounting and Finance Officer, Wright-Patterson Air Force Base, Ohio, asks whether Mr. C. Reed Holland, a civilian employee of the Air Forcer ia entitled to real estate expenses for sale of his home near his old duty station at Warner Robins Air Force Base, Georgia, upon his transfer to Wright-Patterson Air Force Bane. The matter was assigned Control Number 81-38 by the Per Diesm, Travel and Transportation Allowance Committee. As is explained below, we bursed one-half of the aliowabl to have been the extent oE his the time of settlement. find that he may e expenses sinc,. interest in the v be reim- . that appears property at Baci aound Mr. fHolland states that an part of divorce pro- ceedings, in which he and his wife were involved, a court ordered him to vacate the family home in Warner Robins, Georgia, by April 18, 1981. His wife and children were allowed to remain in temporary possession of the home. The order required him to continue mortgage payments, as well as pay all utility and teleph. ne bills. lie indicates that he had no choice but to comply with the order and did so IlLA 1077r,

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