How to sell an apartment bought for maternity capital: conditions, instructions

Matcapital is offered to every family in which a second child is born. It is issued even if the children are adoptive. You can take advantage of this state support only for a limited number of purposes, but most often citizens prefer to use this large amount of funds for the purchase or construction of real estate. The main requirement is the allocation of a share in housing to all children brought up in the family. But often the question arises, how to sell an apartment bought with maternity capital. The procedure is considered difficult due to the fact that the owners are not only parents, but also children. Therefore, permission is required from the custody authorities.

Limitations for sale

It is permitted by law to sell an apartment purchased with the help of maternity capital, but parents will have to face certain difficulties and limitations. The main condition for using this state support is the need to register real estate not only for adult citizens, but also for children. This ensures the protection of children's rights.

Therefore, it is rather difficult to sell an apartment bought using maternity capital. This requires a permit from the guardianship authorities, and the specialists of this institution must make sure that the living conditions of children are not deteriorating.

What conditions must be observed?

Many parents are interested in how to sell an apartment purchased with maternity capital. The conditions that must be observed during the implementation of this process are established at the legislative level. These include:

• all minor owners of the property should not lose their property as a result of this process, therefore they are offered the same share in a new apartment or a separate account is opened, where the necessary part of the amount received from the sale of housing is transferred;
• a decrease in the proportion of children is not allowed if compensation is not used;
• after selling one apartment, parents must provide their children with another place for permanent residence, in which optimal living conditions should be created;
• if the parents wish to move from city to village, they must, in order to obtain permission, provide the employees of the guardianship authorities with appropriate arguments and grounds for making such a decision, for example, a change of work for parents is required;
• most often a permit is issued if the parents claim that after the sale of the apartment they will buy a large property with ideal conditions for children to live.

If parents try to use different gray schemes to avoid obtaining permission, the transaction will be challenged in court. This will lead to the fact that the buyer will lose the purchased object, so the seller will have to return to him the entire amount previously paid.

Rules for obtaining permission

Before selling an apartment bought for maternity capital, citizens should take care to obtain permission for this process. To do this, you need to prepare certain documentation:

• correctly written statement by parents or legal guardians of children;
• if the minor is already 14 years old, then he independently draws up a statement;
• children from 10 to 14 years old must obtain written consent for the sale of real estate;
• copies of passports and birth certificates of all family members;
• certificate of marriage or divorce;
• documents for the sold object, which was purchased using matcapital;
• if a new property has already been selected, then documents for this housing are additionally attached;
• a certificate indicating the absence of debts for utilities and taxes.

Guardianship authorities may require other documents.

How to confirm the observance of the interests and rights of children?

Often, you should sell an object without finding new housing for purchase. In this case, before selling an apartment bought for maternity capital, evidence should be provided to the guardianship authorities that the parents will ensure that the rights of children are respected. The following options can be used for this:

• a notary commits itself to the obligation that in the future apartment or house the children will be allocated the necessary share within six months after the purchase;
• if the parents have another apartment, then the share of the children can be allocated in it, which is indicated in the application transmitted to the guardianship authorities;
• evidence is presented that a bank account was opened for the child, to which the amount of funds was transferred, equal to the cost of a share in the apartment sold, and only the child himself after adulthood can use this money;
• payment documents are transferred to the guardianship authorities, with the help of which the parents confirm that the money received from the sale of the apartment was spent on expensive treatment or training of minors.

If the process is carried out in the absence of permission, then this can be not only the basis for canceling the transaction, but even for bringing sellers to administrative responsibility.

Reasons for refusing permission

Be sure to parents before you sell an apartment purchased for maternity capital, must obtain the consent of the guardianship authorities for this process. But not always this state organization agrees with the plans of citizens. Therefore, permission is often not granted. Reasons for refusal may be as follows:

• the shares available in the current apartment for children are reduced;
• an apartment is selected where unauthorized persons are registered;
• the owner selling the property refuses to be discharged from it immediately after the conclusion of the purchase and sale transaction;
• new housing is purchased with a mortgage or installment plan.

The reason is stated in the official refusal.

The nuances of communication with guardianship authorities

If borrowed funds are required to purchase a new property, this is considered a significant drawback for guardianship authorities. The fact is that you have to pay the mortgage for a long time, so there is always a chance that the property will be lost, so the children will not have property in their possession.

Therefore, employees of guardianship authorities before issuing a permit carefully analyze the nuances of a future transaction. The verification process usually takes about two weeks. Consent is given exclusively in an official form; therefore, an appropriate resolution is issued by the head of the administration of a particular region.

You can sell an apartment bought for maternity capital if permission is received from the guardianship authorities. But the sale procedure must be carried out within three months, since only during this period the obtained permission is valid. If citizens do not have time to invest in this period, then they will have to re-apply for permission to the guardianship authorities.

What are some ways to sell housing?

Many people are thinking about how to sell an apartment bought under maternity capital. The process, if authorized by the government, can be carried out by the following methods:

• sale of the property to private buyers, after which the title to the new apartment or house is immediately registered, and two transactions are registered simultaneously;
• housing exchange;
• selling an apartment in order to use the money received for the construction of a private residential building;
• the sale of housing, after which funds for the shares of children are transferred to their personal bank account, and the remaining money is used by citizens at their discretion.

Most often, parents use the first option.

Why is housing sold?

Selling real estate is usually required in the following situations:

• you must move to another city for work or other purposes;
• the old apartment does not meet the living standards, is located in a disadvantaged area or has other significant shortcomings, therefore it is required to purchase better housing;
• there is a financial opportunity for the family to increase the size of the living space;
• citizens need a certain amount of money, therefore an exchange for housing with a smaller quadrature is needed, but it is important to prove that the funds received from this process will be directed to important goals, for example, for treatment or education of children.

All the above facts should be confirmed, therefore, the relevant official documents are transferred to the guardianship authorities.

Sales process

You can sell an apartment bought with maternity capital, if you perform this process in the correct sequence of actions. In this case, the interests of minors who are owners of part of the housing must be taken into account.

The whole procedure for the sale of real estate is divided into successive stages:

• search for a buyer for an apartment;
• preparation of documents necessary for obtaining permission from the guardianship authorities;
• obtaining an official document on the basis of which citizens can actually sell their property, and it is valid for only three months;
• the buyer transfers the advance represented by the down payment;
• the transaction is registered in Rosreestr;
• final settlement is made between the two parties to the transaction.

Settlement can be carried out in different ways, but most often a bank cell is used for this.

What documents are needed?

Quite often, posts are created on the Internet where it says: “I want to sell an apartment bought for maternity capital”, but at the same time, citizens themselves do not understand how this transaction is carried out. For its implementation, it is required to prepare documentation in advance confirming the purity of the transaction. These include:

• valid permit for the procedure issued by the guardianship authorities;
• documents of all property owners, submitted by copies of passports and birth certificates;
• papers on the property being sold, which include an extract from the USRN, technical passport, technical plan and other available papers;
• preliminary contract for the sale of housing.

Buyers may request additional documents.

What to do if the permit has expired?

Is it possible to sell an apartment bought by maternity capital if the permit has expired? The buyer must make sure that this authorization is valid. Otherwise, the conclusion of the transaction is not allowed, since there is a possibility that it will be challenged in the future.

Therefore, in such a situation, sellers must re-go to the guardianship authorities to obtain a new permit.

Buyer Risks

Citizens who purchase real estate must receive from the seller all the necessary documentation for the apartment. This allows them to identify if matcapital was not used for purchase. If this state subsidy was applied in the process of purchasing a home, then certain risks arise for buyers. These include:

• if the state authorities were not notified of the transaction, then it is considered illegal, so the buyer loses his property, and there is always the possibility that the former owners have already spent the money received;
• if the interests of minors are violated during the sale process, they can appeal to the court, and the limitation period begins with their coming of age;
• if the transaction is declared invalid, you will have to return the apartment to the former owners;
• if the former owner does not have the necessary amount to return, then in court he will be granted a delay of several decades, so the buyer will lose a significant part of the funds due to inflation and the duration of payments.

You can sell an apartment purchased at the expense of maternity capital in a legal way. For this, the requirements of the law and the interests of children must be taken into account. If they are ignored, this will lead to many negative consequences for both the seller and the buyer.

Conclusion

By law, you can sell an apartment purchased under maternity capital, but this process must be carried out taking into account numerous requirements. The interests or living conditions of minors are not allowed to worsen.

To sell an object, it is required to contact the guardianship authorities in advance to obtain permission. It is valid only for 3 months, so during this period it is necessary to conclude a deal, otherwise you will have to apply for the document again.