Alas, sometimes young people cannot stand the difficulties that family life presents them. Constant quarrels and accusations of each other in various everyday mistakes, eventually lead the husband and wife, who once loved each other, to the decision to divorce.
According to the articles of Russian law, the division of spouses' property is based on certain rules and norms established by the Civil Code of the Russian Federation. But what then to do with the money received from the state, as help for children? Can a wife lose a part if her husband demands half. How is maternal capital divided during a divorce and is such a division generally possible? How is such a clause reflected in the law?
What is maternity capital?
Before turning to the issue of the section, it is worth determining what kind of help this is and in what form it is being carried out. Maternity capital is one of the measures of support from the state. It is issued in the form of a document issued in the name of the mother. Only she has the legal right to dispose of this amount of money. Therefore, the question - whether maternity capital is divorced when divorced, is quite logical.
What can I use a family certificate for?
This amount has a strictly limited range of possibilities for use. Its use is directed only to one of the following purposes, strictly defined by the law of the Russian Federation:
- Qualitative improvement of living conditions;
- Tuition fees for the child;
- Transferring the amount to increase the funded component of the mother's pension.
As practice and reviews of certificate holders show, the expansion and improvement of housing is the main way to use state assistance for a second child.
Is it possible to divide state target money between former spouses?
First of all, this is money that goes to the family. Therefore, quite often in the period of divorce, the question arises: is maternal capital divided when the spouses are divorced, is it possible to divide this amount between the ex-husband and wife, as you do with the rest of the property? 
The answer to this question, apparently, will disappoint someone. Counting on the fact that the law defines the division of all joint property, including finances, one has to face the undeniable fact that the target money paid to children cannot be divided.
And in this case, state financial assistance is just the target. And accordingly, it is not divided. Based on the foregoing, regarding maternity capital, in case of a divorce, who will get this subsidy? The entire amount goes to the one who appears in a special document (certificate) issued to the sole recipient.
Usually this is of course the mother. However, it happens that the father may be the recipient.
Does a divorce affect the use of state subsidies?
Granting the right to receive money from the state aimed at providing children, as well as the termination of its validity, is possible under the conditions specified by law. The content of this law does not indicate that the process of divorce of spouses may affect the provision of the above rights. 
State payments to mothers are provided with an undeniable right of disposal, regardless of whether they are currently legally married or not.Even when the marriage is considered officially divorced, the ex-wife still has the right to use maternity capital when divorcing spouses.
If after the official breakdown of the relationship, the mother will use the money to purchase housing, then the main owners will be her and the children, respectively.
Is only the mother the only owner of a family certificate?
So, when the marriage is canceled, the target money remains, as a rule, with the mother. That is, the official breakdown of relations does not provide any reason to think whether maternity capital is divided during a divorce. All remains with the ex-wife.
However, there are several provisions under which the father of the child acquires the right to dispose of maternity capital. 
In what cases can a former husband manage maternity capital?
This happens if:
- The fact that the mother committed a criminal act against her own child is established;
- Death of mother is ascertained;
- The court officially recognized the mother as either dead or missing;
- The process of adoption of the child by the mother is officially stopped, and the father carries out this procedure, being the main adoptive parent;
- The mother officially loses the right to the child upon the verdict of the court.
In all of the above cases, the right to possession of maternity capital passes to the ex-husband. However, and this is completely undeniable, this does not apply to the procedure for official termination of relations.
How is the division of property acquired on target money?
It happens that part of the amount, or the entire amount has already been used for its intended purpose, corresponding to one of the provided spending conditions. For example, money was spent on buying a new home, or making a mortgage installment, or paying part of a housing bill. Is maternal capital divided during a divorce in this case, and how to determine the order of division of property? First of all, it is necessary to determine the provisions of the law in the case of using targeted money when buying a home. 
According to existing norms of the current legislation, a house bought in this way presupposes an equivalent division of property between family members. That is, a family who bought an apartment with the use of earmarked funds receives as a result an equal share of the apartment for each family member, regardless of quantity. It is precisely these provisions that give an exhaustive answer to the question - is maternal capital divided during a divorce? Yes, and in equal shares. Here again, it is worth noting that everything happens within the framework of the law. No new agreements on a different, unequal distribution can arise. Otherwise, it will be interpreted as a violation of the law.
When the marriage is dissolved, the former husband and wife retain the right to demand their parts from the jointly acquired real estate. According to the law, in order to make a division under such a decision, the spouses must obtain a written agreement or solve a controversial issue in court.
It is possible to divide real estate, where each spouse has his own legal share, using one of several available options. For example, you can allocate to the former spouse a share that implies something in kind, that is, provide him with compensation, either as an equivalent property element, or in the form of a financial payment. The basis for the section is the strict observance of the rights of children who also have their own rights. They are equally with parents characterized as full-fledged holders of their shares. Based on this fact, at the time of sale of residential property, in order to subsequently divide the money received, you need to get consent from organizations involved in protecting the interests of children. 
Should a family capital contribution on a mortgage?
In the case of acquiring housing on a mortgage loan and using it either to pay off part of the debt, or the entire loan, the money provided by the state as a family certificate is always guided by the same rules as in the case of acquiring housing without using a loan.
Again, the basic rule of how maternity capital is divided in case of a divorce is that each family member claims for an equal share of the property.
Maternity capital when divorcing spouses: features of division in a mortgage
However, the procedure for dividing this property contains some nuances:
1. Divorcing spouses will have to pay a mortgage loan together, strictly in half, despite the fact that the share of each of them, taking into account the share owned by children, can be much lower than mortgage payments;
2. Until the mortgage debt is paid off, it is extremely difficult to put the acquired living space up for sale. Similar procedures are carried out by financial organizations. The cost of an apartment will be much lower than the market price, and the debt amount will be taken from the money paid as a result. In order to sell an apartment on your own, you will first have to obtain a bank permit. And besides this, it is necessary to obtain documentary permission from the guardianship authority regarding children. Which, according to many parents, is quite problematic to get.
If maternity capital is used for the repair and reconstruction of housing?
The use of a family certificate for real estate repair, redevelopment or its restructuring, as in all other cases, is the main condition for drawing up equal shares between family members. Only in this case, the question of whether maternity capital is divided during a divorce can be answered positively. The division of real estate in this case occurs on a common basis.