With the introduction of the concept of "maternal capital", many questions arose regarding its distribution and parental responsibilities. It is known that the mother (native or adoptive) has the right to manage the money, in exceptional cases - the father. With their help, you can buy a living by sending funds to pay off debt on a mortgage, or directly to the seller.
Legislators and developers of this project deliberately protected the interests of minor children in such transactions and obliged parents to draw up part of the apartment or apartment building on them. However, in reality, faced with such a procedure, few people know what proportion to allocate to children in terms of maternal capital and what needs to be done in the first place. After all, the pension fund does not always give the go-ahead for withdrawing funds and very carefully monitors the fulfillment of all conditions.
What the law says
It is interesting that Russian laws did not clearly determine which distribution of shares in maternal capital, with respect to children, corresponds to the norm. Therefore, in this case, everything is decided by the parents, guided by their own goals and desires. Sometimes minors draw up half of the living space, the other half is divided among themselves. But realtors advise not to do so if in the future it is planned to sell this apartment and purchase other real estate. The fact is that before this transaction it is necessary to obtain the permission of the guardianship authorities, and they are reluctant to give it if the children are the owners of most of the living space. In this case, it is necessary to purchase improved housing or equivalent and to convince employees of guardianship authorities that the conditions of children only improve. However, there are certain rules that state that less than 6 square meters. meters for each child can not be allocated. Moreover, each of the children should receive an equal part.
We make a commitment
Having decided what proportion to allocate to children in terms of maternity capital, it is necessary to draw up a corresponding obligation. In it, parents agree that the children will be allocated shares in the acquired property. Moreover, to do this (to issue the allocation of shares) is necessary no later than six months from the date of the transaction. This approach guarantees the following:
- children's right to own part of residential meters;
- if mom and dad get divorced, then each of them will have a share in this apartment or house.
The agreement is drawn up by a notary and already together in the package of documents discussed below, is given for consideration to the pension fund.
However, if the property will be registered in common ownership, that is, all family members will appear in the certificate for residential meters, then such an obligation does not need to be executed.
How to get a positive answer
According to the law, it does not matter what proportion to allocate to children by maternity capital. The main thing is that they have part of the premises in their possession. Other factors also influence the positive response of the pension fund. The employees of the organization themselves know that the withdrawal of funds can be counted in the following cases:
- If the bank has a mortgage, and there is a notarized obligation to allocate shares.
- When an apartment is bought and issued for children and parents.
In all other situations, this obligation is always required and without it you cannot receive a positive response to the withdrawal of money.It should be understood that the document must be executed only by a notary, who have a special approved form, and which is always the same.
What we undertake
Giving children shares when using maternity capital is an important condition for receiving cash. The shares themselves can be absolutely any, while mom and dad have the opportunity to refuse in their favor part of their living quarters. For this, a notarized refusal is made out.
The obligation to allocate the residential part of the apartment and house contains the following points:
- date and place of compilation;
- Name of Applicant;
- passport data;
- assurance that no later than six months after receiving documents for housing to provide all certificates with the distribution of shares in the pension fund;
- record of registration in state. the registry;
- seal of a notary and his personal signature;
- signature of the applicant.
The obligation is drawn up in the notary’s office in person and in duplicate. One will be located at the legal entity, the other will be issued to the applicant and the same copy will be given to the pension fund.
Scheme implementation of the allocation of shares
The shares of children when using maternal capital can be completely different. Some believe that housing should be fully decorated for them, while others allocate only a small part of the apartment, if only to comply with the requirement of lawmakers. But in any case, there is a well-defined procedure for this, which must be followed:
- If housing was purchased using mortgage funds, you should fully pay off the debt.
- Remove existing encumbrances by providing certificates of lack of debt.
- If residential meters were bought without a loan, then make a full settlement under the contract of sale.
- In case of purchase of an apartment or house by installments, all payments should be completed.
- When participating in shared construction, approve documents for the transfer of ownership of the apartment.
- When building your own home, you must obtain a cadastral passport from BTI.
Only after that it is necessary to decide within six months what proportion to allocate to children on maternity capital and apply for the registration of relevant certificates.
Who should draw up the obligation
This document must be issued by the mother or family member for whom the mortgage is registered. In other words, parents guarantee the provision of some of the housing to their minor children. There are some nuances:
- The distribution of shares in maternity capital depends on who the house is drawn up for.
- If the spouses are co-owners, then the parts will be allocated to all children in the family.
- If the dwelling is designed for one of the parents, then this person is obliged to allocate a share to the other spouse and children.
It is important to understand that parents are obliged to issue housing only for blood-bearing children or who are relatives based on adoption.
When a document is not needed
Always with maternal capital, you need to allocate shares to children. This is a law, the implementation of which is strictly monitored by the pension fund. If after six months after the transaction has been completed, the procedure has not been completed, then a fine and further court proceedings are due. However, it is an obligation that is not always formalized.
If the desired square meters are purchased using a mortgage and housing is issued to all family members, then the procedure is completely unnecessary. But in order for the pension fund to give permission to withdraw funds, you must provide the following documents:
- a statement about the need to manage maternal money;
- certificates issued for children in which they are indicated by the owners of the part of the apartment or house.
You will also need to certify at the notary a photocopy of the contract of sale and documents proving ownership.
How to allocate shares to children by maternity capital - documents
The whole procedure is fully regulated by applicable laws. In order for the pension fund to be sure that the children will not be deprived, the obligation to allocate parts in the apartment is required. At the same time, it is important that the document is drawn up on a specific form and certified by a notary public. The Pension Fund in no way accepts other documents.
For paperwork, each parent must personally come to the notary's office, confirm their identity and consent to the purchase of housing and the allocation of shares. The procedure is paid. Depending on the place of registration, you will need to pay from 1000 to 1500 rubles. Only the original obligation is provided to the pension fund.
It is important to consider that there will be a note in the document that both spouses undertake to divide the housing into some shares. In this case, co-owners will be all family members - mom, dad, children. But for all the necessary actions approved by law, it does not matter what proportion of children will be when buying an apartment. Maternity capital, in any case, the pension fund will direct to purchase such housing, or repay the mortgage.
Do not miss the deadline
The obligation always indicates the period during which it is necessary to decide and draw up shares for children. Then the document is certified by a notary and parents. Each personally puts his signature for confirmation.
Federal law clearly establishes that within six months after repaying a loan and obtaining housing rights, it is required to allocate parts of the living space to all children. If an encumbrance was imposed on the property, the period shall be calculated from the moment of confirmation of its removal.
How to allocate a share to children
Often, participants in a purchase and sale transaction do not know how to allocate shares to children on maternal capital. If the procedure occurs with the help of a realtor’s office, then the employee will follow the procedure. Otherwise, you can do everything yourself. There are two ways to do this:
- A gift agreement is drawn up. Any parent can even completely abandon their part of the living space in favor of the children.
- A notarial agreement for shares is drawn up.
It is allowed to draw up a document in free format. However, all the nuances and positions may not be taken into account. And in order not to miss anything, experts advise contacting a notary or realtor office.
What to do after a divorce
It is known that property, as well as money acquired in a marriage, is divided between spouses. However, those subsidies financed by the state are not subject to such a division. Consequently, maternity capital cannot be divided between former spouses. Is it necessary to allocate shares to children in this case? Definitely yes. Only the owners will draw up the mother and her children. What part she decides to leave them, in general, depends on her decision. The legislation does not provide for any changes to the existing rules for the acquisition of real estate at the expense of maternity capital, if the parents are divorced.
Mother or father
Quite often, parents are interested in those who have the right to dispose of funds financed by the state for the birth of children. Usually, such a privilege is granted to the mother, but can be transferred to the father in exceptional cases. The essence of maternity capital is to help families with children acquire their own housing, expand it or provide financial education for children. Therefore, the right to this money is given to the father, provided that he will protect the rights of children. Exceptional cases are:
- death of mother;
- deprivation of a woman's parental rights;
- commission of a criminal offense of the parent in relation to her children;
- if mom disappeared, as confirmed by a court decision.
There are cases when a man is solely responsible for his own or adopted children.The court in this case may provide him with the right to dispose of the parent capital.
Spouse's share
In the apartment, purchased at the expense of funds financed by the state, there must be mandatory shares of children. Maternal capital involves the protection of their interests, as well as the whole family. Therefore, a dwelling acquired in such a situation becomes the common property of the family. Moreover, if the children receive the part that their parents allocated to them, then the spouse after the divorce can apply for half the remaining meters.
However, the father can notarize the rejection of his share in favor of the children, then after the divorce he will not be able to dispose of this apartment or house.
If you do not comply with the law
Quite often, parents are interested in whether it is possible to cash out maternity capital and even resort to adventurous transactions. However, such arbitrariness ends in litigation and even criminal prosecution. But when allocating shares to children, the law is not so clear. Firstly, the exact standards for the allocation of parts are not prescribed, and secondly, the exact responsibility for the failure to perform this action is not indicated.
However, there is prosecutorial and judicial practice, when in more than 95% of cases, parents are obliged to forcibly allocate appropriate shares to their children.
The question of whether it is possible to cash out maternity capital definitely has a negative answer. It can be seen from the lawsuits that the non-allocation of shares indicates that the parents subsequently wanted to sell square meters and thus receive real money. The law may recognize such action as fraud. And a certain fine (over 120,000 rubles) and even imprisonment are already imposed for him.
An important point: if it is proved in court that the funds of maternity capital were not used in accordance with the law, then they can be debited to the state.
Consequences of non-allocation of shares
All real estate agencies are notified of the legislation that governs the mandatory allocation of part of the premises to children. If an apartment is put up for sale, then it first becomes clear whether maternity capital is related to it. In the case of a positive response, they receive data on the implementation of the letter of the law. Such a requirement is mandatory, because in the case of a housing purchase and sale transaction where shares were not allocated, it may be declared invalid:
- court decision;
- interested parties (mother or father of children);
- the child who has reached the age of majority.
In this case, a decision may be made on the termination of the transaction or the return of the amount of maternity capital back to the state. Therefore, it is so important to comply with the law so that you do not have problems later.
What is allowed to spend money from maternity capital
Constantly undergoing changes in maternity capital. What money can be used for is an urgent issue for parents. It is known that financing of the total amount has not yet been planned, but it is encouraging that it has not been canceled at all.
According to the current legislation, money can be spent on four main purposes:
- The acquisition of housing. It is allowed to buy an apartment or house in the secondary market, in a new building or a deal with shared construction. Especially strictly checked at home. Obviously shabby and old houses are not suitable for purchase, because in this way you can commit fraud.
- Pay for children's education, including preschool. However, the institution must have state accreditation and all necessary licenses for the right to conduct its activities.
- An increase in the future mother's pension, and the funds go to its funded part.
- A relative innovation included in the list is the rehabilitation of children with disabilities and the purchase of goods that promote rehabilitation for them.
Money for the purchase of housing can be used purposefully after the child reaches three years. But you can use them earlier if you take a mortgage or installment plan in lending organizations.
findings
A good form of support for families with children is maternity capital. What can I use the funds defined by law? It is important to know that otherwise will be prosecuted, including criminal liability. The most popular way to spend money is to purchase real estate. But in this case, the question arises of allocating shares to underage children. As described above, there are two ways to do this. Usually, parents complete a gift transaction. In order to avoid problems with the pension fund and registration authorities, it is important to observe all the bureaucratic subtleties. To do this, it is recommended to use the services of a notary and a realtor.
When a notary office participates in the execution of all documents, then you can not worry about legal subtleties. If there is agreement between the parents on the allocation of shares, then the transaction will go without problems.