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B-234239 1 (1989-06-26)

handle is hein.gao/gaobadnmp0001 and id is 1 raw text is: The Comptroller General of the United States Wahington, D.C. 20548 Decision Mazhar-Ul Haque - Real Estate Expenses - Title Matterof: Requirements File: B-234239 Date: June 26, 1989 DIGEST A transferred employee purchased a residence at his new duty station with his nondependent brother, and the employee claims real estate expense reimbursement based on his 95 percent interest in the property. Since title to the property was in both their names as tenants-in-common and specifically designated their respective financial inter- ests, the employee may be reimbursed 95 percent of the total allowable expenses. Cf. Bernard Mowinski, B-228614, Dec. 30, 1987. DECISION This decision is in response to a request from an Authorized Certifying Officer, National Finance Center, Department of Agriculture, concerning the entitlement of an employee to be reimbursed real estate transaction expenses where the employee shared title to the property with his nondependent brother. We conclude that the employee may be reimbursed in the amount that corresponds to his interest in the property. BACKGROUND Mr. Mazhar-Ul Haque, an employee of the Food Safety and Inspection Service, was transferred from El Dorado, Arkansas, to Hyattsville, Maryland, in January 1987. When he attempted to purchase a residence in the vicinity of his new official station, he was unable to obtain financing without a co-borrower. His brother, Qazi A. Haque, agreed to co-sign the loan, and this financing was approved by the lender. The deed of trust executed for the loan described the employee and his brother as joint tenants. However, the recorded deed to the property identified their holding as tenants-in-common and delineated their financial interest as an undivided 95 percent in the employee and an undivided

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