Share in an apartment based on maternal capital. The procedure for allocating shares in maternity capital. Distribution of shares by maternity capital

The allocation of shares in an apartment using maternity capital is made in accordance with the obligation when such money was used to purchase residential premises. The management of capital is carried out by parents in favor of their own or adopted minors, and the obligation guarantees the allocation to the child of a part of the housing purchased, including with a mortgage. Thus, the state protects the interests of minor children and tries to protect them from the risk of being left without a home when certain situations occur, such as the breakdown of a family union, the death of parents, etc.

The procedure for allocating part of residential real estate acquired using maternal capital is regulated by law. Their distribution can be handled by the real certificate holder, i.e. to whom it was issued. That is, if the payer of the mortgage loan and certificate is the mother of the children, then she will distribute the amount. When she is in an officially registered union, then her husband can also participate in the process of distributing parts of the living space, with whom joint or shared ownership is registered.

This procedure does not apply to spouses who registered their marriage after investing the amount of state support.

As for children born in a previous marriage, they do not have the right to claim part of the housing if they were not adopted in accordance with the procedure established by law. Children can claim property and parents are obliged to provide them with this opportunity by including them in the prepared transaction agreements.

Material support from the state is aimed at improving the lives of minors and can be used to purchase a residential property or individual construction on their own land with the involvement of social material support.

It should be noted that the use of capital for other purposes, for example, to pay for educational services or increase the level of pension contributions to the Pension Fund, does not provide for the allocation of property to children.

If the housing was purchased with a mortgage before the birth of the second child and a certificate was received in connection with this event, then the title documentation must be brought into compliance. This must be done when the Pension Fund of the Russian Federation approves this operation. To do this, you will need to obtain the appropriate documentation from a notary. The size of the shares is not established by law. Therefore, spouses have the right to choose the size of the transferred part of the living space at their own discretion and perhaps not proportionally.

When using the amount of maternity capital provided from the state budget, based on the requirements of the legislative framework, parents must transfer part of the acquired object into the possession of their child. An officially formalized obligation to provide part of the residential premises must be drawn up no later than six months.

By complying with the provisions of regulations, the right of both parents to own part of the real estate is guaranteed, as well as the right of both parents to shares of housing when the family union ceases to exist. The allocation of space in a residential property purchased with state support is accompanied by the preparation of the necessary documentation. An appeal for the transfer of social assistance funds to improve living conditions is sent together with an application to the Pension Fund of the Russian Federation.

There is no need to formalize an obligation if the acquired object is transferred to the common ownership of all family members.

The Pension Fund of Russia may make a positive decision on the certificate holder’s application for social assistance in the following cases:

During the approval of a mortgage loan with the subsequent preparation of an obligation to provide a share in the apartment to the child upon completion of settlements with the owner of the living space;
When purchasing an apartment for common ownership, including children.

The form of the document must have a certain shape.

When the obligations to allocate part of the apartment must be implemented

Duties are fulfilled when:

The mortgage debt has been repaid;
Encumbrances on housing have been removed;
Settlements with the property owner have been completed;
The final payment is made when the apartment is purchased in installments;
An act of transfer of living space has been signed when it was purchased through participation in the shared construction of an apartment;
The building was put into operation;
Cadastral documentation was issued if the structure was erected individually;
Transfer of funds for the reconstruction is carried out;
The final payment for the share in the housing cooperative is made.

Who should do it

The initiator of the distribution of shares must be the owner of the residential premises. Both parents or one of them must guarantee the allocation of part of the housing to the children. An entity purchasing real estate using mortgage funds is required to draw up a document in favor of minor children to provide their own space in such property.

The obligation is issued:

Each minor, in a situation where the co-owners of the apartment are the husband and wife of the spouse;
Children and husband/wife, if the living space is owned by one of the parents.

An obligation can only be issued for a child with whom there are blood ties or they have been established officially.

Is it necessary to draw up an obligation in all cases?

If, when purchasing a mortgaged living space, it is registered for the entire family, then there is no need to formalize an obligation. To certify the rights of minors to living space, it is necessary to submit an application for the provision of maternal capital funds to the territorial division of the Pension Fund of the Russian Federation. It must be accompanied by documents certifying the child’s rights to a specific part of the home.

Documentation confirming the rights of property owners is presented in copies and must be certified by a notary office.

The rules for preparing the document are regulated by Federal Law-256 of December 29, 2006. It is drawn up in a notary office, certified there and has a certain form. Without certification from a notary office, it has no legal force and is not accepted into the work of the Pension Fund of the Russian Federation. On average, services for its production will cost 1100-1500 rubles. Both spouses must be present when registering.

The document must contain the obligation of the spouses to divide the living space into parts purchased with the participation of maternal capital. In this case, not only mom and dad, but also all the children will be co-owners. It must establish a period within which the spouses must carry out such a procedure. It is 6 months. During such a period, the owners of the living space are obliged to allocate shares to the entire family after the debt is repaid. The commitment is signed by all adult participants. It is carried out immediately after receiving a mortgage from Rosreestr, confirming the removal of the encumbrance from the residential property.

Methods of transferring living space

Housing can be divided into parts using:

Deed of gift;
Contractual obligations for assignment of shares.

An agreement on the transfer of rights to property can be drawn up in a free format, but it must take into account the necessary legal requirements.

How to get a share if parents divorce

The law establishes the possibility, in the event of divorce, to divide all property and joint finances belonging to the spouses. But various types of state benefits transferred from the country’s budget are not subject to division. For example, family capital funds cannot be divided between divorcing entities.

Therefore, the certificate will remain with the person in whose name it was issued. The rules of law regulating family relations do not provide for the procedure for its use in such a situation. Therefore, if the right to receive funds was registered in the mother’s name, then the mother and her children will become the owners of the purchased housing.

In what cases can a mother lose the right to dispose of maternity capital?

There are situations when a mother loses the opportunity to benefit from government support. This:

Her death.
Her commission of criminal acts against a child.
Deprivation of her rights as a parent.
Judicial recognition of her as missing.
Interruption of the child adoption procedure.

When a father alone is involved in raising his children or adopted children, he can receive a certificate for himself.

When does a spouse have the right to claim a share of family capital?

Based on the provisions of Article 209 of the Civil Code of the Russian Federation, part of the real estate purchased with the participation of maternal capital funds can be transferred into the ownership of the husband and he has the right to dispose of it at his own discretion. In accordance with Art. 42 FZ-218, such a procedure must be carried out by contacting a notary.

Registration procedure

You can select shares using one of the following options:

Distribute family capital;
Parents can gift property to their children.

Both methods are based on the gratuitous transfer of part of the real estate. The most commonly used option is to transfer property by deed of gift.

The agreement on the division of shares must comply with legal requirements and requires the participation of notaries. When independently preparing documentation, mistakes may be made, which in the future will serve as a reason for refusing to register the transaction.

When both spouses are owners of residential premises, the government authority may require preliminary execution of an agreement between the parents on the further distribution of shares between all family members, including children.

If shares are allocated when purchasing an apartment, all future owners must be included in the agreement. This procedure is also provided for when building a house using capital funds with the subsequent receipt of cadastral documentation.

An apartment purchased with mortgage funds and serving as collateral belongs, as a rule, to the spouses or one of them. The allocation of shares in it is possible only after full repayment of the debt. Having liquidated credit obligations to the bank, you need to obtain a mortgage on the residential premises from it and submit an application for removal of the encumbrance to Rosreestr, attaching the necessary documentation: an agreement on the acquisition of the property, an extract on the transfer of title, a mortgage.

The registration service provides an extract from the Unified State Register. Once you receive it, you have the opportunity to share the home, or donate it in whole or in part to the child. This procedure is carried out without paying state duty.

In a notary's office, you can draw up both a deed of gift and an agreement on the division of shares.

If the owners are spouses who have joint property, then notarization of the transaction is not required. In a situation where the residential space belongs to several owners on the basis of a share participation agreement, the transaction must be certified by a notary.

The procedure for distributing common and shared property is different. This especially affects mortgage properties that are issued to a husband and wife. They may be required to register shared ownership and subsequently allocate children's shares. The donation of parts of living space, in turn, is formalized by drawing up an agreement in a quantity equal to the number of recipients and one copy for the registration service.

The law provides for a form of agreement that can be used when registering property for the common ownership of the entire family. It provides for the division of the apartment. The cost of the document preparation service can reach up to 0.5% of the cost of housing in accordance with its cadastral valuation.

Procedure for registering the transfer of rights

To complete it you will need:

Submit an application from each owner to the territorial division of Rosreestr.
Attach to it notarized agreements or deeds of gift, documentation confirming the owner’s authority to own the property, and a receipt for payment of the state duty.
Documents can be submitted in person or through a representative with a power of attorney, or sent by post. When submitting papers yourself, a receipt must be issued indicating their acceptance with the date when it will be possible to receive an extract.
After 10 days, the service employee will issue an adjusted extract from the unified register indicating the newly registered owners.

How to draw up a deed of gift for a share in an apartment

When transferring living space to a minor, his legal representatives must maintain its general condition and promptly pay the due utility bills, because regardless of the registered property right, the child will be able to dispose of his part of the housing only when he reaches the age of 18. Control over the legality and legality of the procedure is entrusted to the guardianship authorities.

The law allows for a donation transaction with the possible return of the item to the original owner. But such a provision must be contained in the agreements and included in it from the very beginning.

If refused, it will be registered with the registration service. When there are several owners, the approvals of all, executed by a notary, are attached.

It should be noted that the text of the obligations to present part of the real estate includes a warning about the possible prosecution of various types of liability for failure to comply with legal requirements. But not a single legislative act contains sanctions for failure to comply with state requirements.

The prosecutor's office exercises control over the targeted expenditure of family capital and compliance with the rights of the child when using it. Basically, parents are ordered to provide their children with a certain share of the apartment.

Of course, parents planning to sell the living space purchased with mortgage funds are reluctant to register part of it for minors, since in order to carry out operations with real estate that belong to children, they must obtain permission from the guardianship authorities.

Prosecutor's inspections show that maternity capital funds are often spent on inappropriate needs, and are also simply cashed out. Such offenses are equivalent to fraud, which is punishable by fines in the amount of 120,000 rubles or restriction of freedom.

In addition, the amount of damage caused to the state must be compensated to the state budget.

Likely consequences

There are cases where certificate holders may encounter problematic situations. This:

Divorce with division of joint property. If the deadline for fulfilling the obligation has not yet expired, the court may determine the amount of shares due to family members. But there are cases when the court took into account the amount of personal contribution of each parent, certified by evidence, and the amount of maternity capital was distributed proportionally among all applicants.

Sometimes judges resort to the method of dividing property in equal amounts according to the size of the family. This decision is based on the provisions of Article 245 of the Civil Code of the Russian Federation, which establish the definition of equal shares in the absence of an agreement between all parties involved and the impossibility of establishing their size on the basis of legal norms. It does not matter that state support money does not cover the purchase amount. But the court may make a different decision when one of the participants in the process does not agree with the equal distribution of real estate.

By the way, it is almost impossible to divide a mortgaged property, which is collateral, into shares, since the bank does not agree with such operations. In rare cases, the judge may determine the amount of space to be transferred to all family members. But spouses may not agree with this decision. After paying off the outstanding obligations, they have the right to divide the apartment again and allocate parts of it for the children.

Sale of real estate acquired with the participation of matkapital. A transaction for the sale of living space is at risk of being declared invalid at the request of the following entities:

Stakeholders, including sellers;
Courts;
Children who have reached adulthood.

One of the most frequently raised claims is the demand for the return to the state budget of the amount previously issued under the state support program and spent illegally. To avoid such situations, before concluding any transactions, it is necessary to allocate property on the basis of legal norms and register it in accordance with the established procedure. Otherwise, the acquirers may refuse to complete the transaction.

Is it possible to sell a private house by separating the portion due to the child in another property?

The sale of real estate acquired using funds under the certificate must comply with the procedure regulated by regulations. Therefore, when an apartment is sold without allocating a share to a child, such a transaction may be declared invalid. If such part of the living space is presented in another room, then the procedure will be followed, but it should be carried out only on a voluntary basis and at the request of the parents.

Having reached the age of eighteen, a child has the right to make a demand to the sellers or owners of housing to allocate part of it to him or to pay compensation for the cost of such an area that should legally belong to him.

In order to avoid conflict situations or litigation, it is necessary to timely and fully fulfill the obligation to share living space in relation to children, when family capital participated in its acquisition.

It must be remembered that the size of such areas is not established by law, giving spouses the opportunity to resolve this issue themselves by reaching a family agreement.

The birth or adoption of a second child, receiving maternity capital, buying a long-awaited home with the investment of public funds... This list is closely complemented by another concept - the notarial obligation of parents to the Pension Fund. What to do next and where to go to correctly allocate shares in the property to your children? Let's take a closer look at the law.

How to allocate shares to children in maternity capital - formalizing an obligation

Many parents decide to spend funds from the family (maternity) capital to purchase housing, or to cover an existing mortgage loan. Under these circumstances, before submitting documents to the pension fund, you need to take care in advance of drawing up a notarial obligation. It guarantees that parents, after the burden is lifted, will not leave their children without a corner by selling or exchanging housing squares. Without this document, pension fund employees will not accept an application for disposal of funds.

The notarial obligation is issued to the parent who is the owner of the property or to whom the mortgage loan is issued. It is this person who will be responsible for allocating shares to his legal spouse and children.

How to allocate shares to children based on maternity capital - removing the encumbrance

When the mortgage loan is fully repaid, the borrower must receive a mortgage from the banking organization. With it and with documents evidencing ownership - a purchase and sale agreement, an extract from the Unified State Register and a personal passport, the owner of the property must contact the Russian Register. After registering the application, the removal of the encumbrance will occur in 5-7 days. It should be noted that this procedure is absolutely free.

At the end of the mortgage process, it is advisable to order a new extract from the Unified State Register - this will simplify the allocation of shares in the future. Within 6 months after the removal of the encumbrance, you must fulfill the conditions specified in the obligation, namely, give each member of your family a part of the purchased real estate.

How to allocate shares to children based on maternity capital - share sizes

The federal law of the Russian Federation does not indicate the specific size of shares allocated to each person. Parents are allowed to resolve this issue at their own discretion. But, Pension Fund employees strongly recommend starting from the norms of squares per person; their size in 2017 is 12 sq.m.

How to allocate shares to children based on maternity capital - the law

Previously, the state allowed such transactions to be carried out by filling out a simple application form and registering it in the Russian Register. But since June 2016, changes have appeared in Federal Law No. 172: all transactions for the allocation of shares in real estate acquired with funds from maternity capital are subject to mandatory registration with a notary.

How to allocate shares to children based on maternity capital - deed of gift

Donation is a legal transaction in which the donor (under these conditions - his own parent) transfers the right to part of his property to the donee (his child) absolutely free of charge. The law does not provide for compliance with strict requirements in drawing up an agreement, but there are general provisions that must be present:

Detailed information about all participants in the transaction.
Exact parameters and characteristics of housing.
The donated dimensions of square meters must be clearly stated.
Attention - shares in housing must be given to all children, even if they were born after the obligation was drawn up.

Parents should be aware that the gift agreement is not subject to further amendments, revisions or changes, that is, it is irreversible. It is for this reason that it is worth approaching this transaction with all responsibility.

How to allocate shares to children based on maternity capital - registration of rights

The completed and notarized agreement must be submitted for registration to the Russian Register or MFC. You must take the following documents with you:

Receipt of paid state duty.
Purchase and sale agreement, extract from the Unified State Register or certificate of title to real estate.
Identity documents of all participants in the transaction - birth certificates of all children, passports of parents (guardians).
Copies of the deed of gift in the number of donees and separate for the body conducting the registration.

The period for reviewing submitted documents is at least 10 calendar days. After this time, a new extract from the Unified State Register is issued, indicating the assigned shares to children and spouses.

When spending public money on housing improvements, participants in the family support program are faced with such a condition as the need to allocate a share to children in an apartment purchased with maternity capital.

Studying the legal norms and nuances of acquiring real estate using money allocated under the family capital program will help you understand the limitations and nuances of fulfilling this requirement.

The program started in 2006. Its basic law is Federal Law No. 256.

The subsidy is allocated to parents at the birth of their second child. There are restrictions on the disposal of state financial assistance received under this program (Article 7).

You can use the funds on:

improving the quality of housing;

education;

treatment and socialization of children with disabilities;

parents' pension savings.

The state strives to protect program funds from misuse.

Pension Fund

The family does not receive the main amount of the subsidy. To confirm the existence of state support, parents receive a certificate - virtual money stored in the Pension Fund.

It is he who decides whether the planned use of the subsidy is legal. If the law is followed, then the funds are sent to their intended destination.

Also, the Pension Fund of Russia is assigned the function of monitoring the expenditure of public funds and the fulfillment by families of all the conditions of the program.

According to Rosstat, the largest number of program participants invested government subsidies in improving their living conditions. The law also imposes special requirements for real estate transactions (Article 10).

They are enshrined in a separate document - Government Decree No. 862.

Both documents regulate the procedure for sending funds:

when purchasing real estate;

residential renovation;

construction of a new apartment or house;

housing reconstruction;

covering a loan taken to improve housing conditions.

They also stipulate conditions and restrictions, as well as liability for their failure to comply.

Such actions protect the program from fraudulent real estate transactions.

Allocation of shares in real estate acquired with maternity capital

Since we are talking about targeted support aimed at helping families with children, the interests of the latter are especially protected.

Terms of use of funds

In order to legally own a subsidy, you must draw up a document recording the distribution of shares between the owners.

The law directly establishes the following requirements:

fix shares by agreement;

provide for the possibility of redistributing shares (if more children appear in the family).

The final document must take into account all these requirements. Adults have the right not to participate in the distribution of shares. The refusal must be in writing and certified by a notary.

Responsibilities of owners for the distribution of rights to real estate

The rights to a residential property owned by a family thanks to the investment of family capital must be divided among all family members.

The certificate holder must understand that:

he is responsible for determining the shares;

if the certificate was received during marriage, then the spouse in whose name it was received is obliged to divide the property into shares for the children and the other half;

it is prohibited to exclude any family member from the distribution of property rights (or deliberately not to take them into account when registering);

exceptions in determining shares are made only for children of the spouse of the certificate owner from previous marriages (the property rule does not apply to them if there is no formalized adoption of the child).

If the subsidy is spent on finished housing, already owned by one of the parents or purchased with the participation of mortgage funds, then its owner or the person being financed must distribute the shares. Thus, if one of the parents is initially the owner, he is obliged to divide the property into shares for the others. His refusal to perform this procedure may be challenged in court.

How to determine the size of shares

The law does not regulate the size of shares when dividing family property. The only condition regarding the volume of living space is that the parties must come to an agreement. The norms according to which shares from the common property are allocated to everyone in equal amounts are also not mentioned.

Experts advise following the Housing Code, which specifies the minimum living space standards per person. According to sanitary conditions, the minimum is six, and the standard is twelve square meters.

Methods of registering property

The owner of the certificate is also free to choose from the existing options for legal confirmation of shares.

There are several ways to register shares between family members:

To sign an agreement.

Prepare a deed of gift.

Notarize the obligation to allocate shares in the apartment in the future.

Resolve the issue in court (if parents or children cannot agree on the conditions for allocating shares on their own).

Deadlines for registration of shares

The period that the law provides for registration is six months from the moment the money is sent to offset the cost of housing.

In practice, it is not always possible to document common shared ownership when providing a subsidy.

The main obstacles to the implementation of the law arise when children are not initially owners:

the investment is made in a property that already has an owner;

funds are used for construction, and until its completion it is impossible to secure ownership;

the subsidy is used when a family bought property in a cooperative, and only one of the parents became a member;

In addition to family capital, mortgage funds are included in the housing offset;

When purchasing a property, installments are applied, and registration of ownership is possible only after final payment;

The subsidy compensates for a finished house or apartment, while the owner of the certificate is not its owner.

In this case, the law allows for the registration of an obligation to the Pension Fund.

Obligation to comply with the law

The document can be submitted to the Pension Fund by the owner of a residential premises or the holder of a contract for an object paid for by maternity capital. For example, with mortgage lending, construction, membership in a cooperative or installment payments. The responsible person acts as a guarantor that, as soon as the terms of the transaction allow, he will allocate shares to the children and spouse.

The main thing in it is the period indicated as the beginning of the countdown of the established period (six months) of registration of common ownership under the obligation.

The document is certified by a notary and gives the Pension Fund a guarantee that the shares of the certificate holder, spouse and children will be allocated in accordance with the law.

Important! When sending a request to the Pension Fund to invest family capital in real estate, ownership of which cannot be registered within six months, the presence of a notarized obligation plays a decisive role. If it is not available, the subsidy will be denied.

Features of allocating shares in transactions involving mortgage funds

The peculiarity of purchasing a home using both family capital and mortgage funds is that it is often possible to register ownership of it only after the loan has been fully repaid. The law allows the use of swear words. Cap. to pay the mortgage principal, down payment, and interest.

Documents on the absence of encumbrance

Before you formalize the removal of the encumbrance from the living space, you should collect supporting documents.

These include:

mortgage from the lending bank;

a purchase and sale agreement, the subject of which is a property with a share of family capital;

extract from the Unified State Register of Real Estate;

passport of the persons with whom the mortgage agreement was signed.

This package of documents is submitted to Rosreestr, where the encumbrance will be removed from the property within a week. After this, you should re-order an extract from the Unified State Register with new data. Since 2019, it has replaced the certificate of ownership, which is no longer issued to owners.

From the moment the encumbrance is lifted, the residential property must be divided by the owner into family members.

It is important to remember that all children existing at the time the encumbrance is lifted must be given shares. For example, if the mortgage was paid off for 15 years, and during this time another child was born, he should be included in the number of owners.

If the property under the contract is initially registered in the name of both parents and all children, then there is no need to separately provide an obligation to the Pension Fund. It will be replaced by a home purchase document.

Procedure

When starting the procedure for allocating shares to children, it is worth considering several factors. The most important of them will be the form of ownership of the housing in which the subsidy is invested.

One owner

If the owner of the property is one of the parents, then he is obliged to give ownership rights to the other within six months.

After this, each of them must allocate a share to the children by gift or by drawing up an agreement.

Common shared ownership

If the housing is in common ownership of the spouses, then they own the parts of the property fixed in the documents. In this case, parents can immediately grant ownership rights to their children.

Joint ownership

In case of joint ownership, property rights are not divided according to documents. Therefore, the first step will be to determine the shares between the spouses, and the second - for the children.

According to the law, parents are obliged to grant property rights to housing to both minors and adult children. The latter are required to provide written consent to the transaction or refusal of it.

To apply you must submit:

passports of adult participants in the transaction;

agreement or deed of gift;

Marriage certificate;

birth certificates of children;

an extract from the Unified State Register of Real Estate (or a certificate of ownership);

the basis for the emergence of the right to property (sale and purchase agreement, equity participation, etc.);

on behalf of each participant in the transaction - an application to register ownership of a share in the property.

The last document must be filled out by a state registration specialist and signed by the interested party. If the agreement is drawn up without the participation of a notary, then it should be signed upon registration.

Registration of a license is subject to a state fee. Its amount is evenly distributed among all applicants for registration of a share.

Assignment of shares takes from 7 to 12 days.

If, within the period prescribed by law or obligation, the property was not divided into shares among all family members, this is considered fraud.

When regulatory authorities detect a violation, they have the right to:

force parents to comply with the rules urgently through the courts;

request the return of public funds;

cancel a real estate transaction;

contact law enforcement agencies with a request to initiate a criminal case; the maximum term of restriction of freedom of violators can be five years.

When using maternity capital to improve housing, you should not neglect the law. Requirements to allocate shares to children in apartments and houses purchased with maternal capital protect them from unpleasant situations that may arise in the future. In addition, by violating the rules of the program, no one guarantees the outcome of the transaction on which so much time and effort was spent.

The certificate holder, when directing state support funds to improve living conditions, must be aware of the need to allocate shares to children when using maternity capital funds. Moreover, this requirement applies not only to those children who already live in the family, but also to those children who may appear in the future.

In this regard, the state approved the need to draw up an obligation, which the certificate holder sends to the Russian Pension Fund. It is required when, at the time of receiving maternity capital funds, it is impossible to register housing as the property of children for some reason. This obligation is dictated (as amended in 2010 No. 937), and all the conditions for its fulfillment are explained there.

Commitment process

An obligation aimed at allocating shares of maternity capital to children is an act confirming the intention of the spouses to divide into shares a residential property acquired using maternity capital funds.

In order to correctly draw up an obligation, the owner of the apartment or house needs to contact a notary together with the other parent, taking certain papers with them. It does not matter what kind of office it will be - public or private. The cost of this procedure is approximately 1,500 rubles.

What documents are needed for a notary to draw up this obligation?

Agreement on taking out a mortgage (if part of the loan is paid with matkapital).
Contract of sale.
Passport with copies of all completed pages.
Certificate of ownership.
Certificate for maternal (family) capital.

The original obligation, certified by a notary, must be taken to the Pension Fund department.

When must the obligation be fulfilled?

Although the basic law regulating the process of acquiring maternal capital (No. 256-FZ) does not provide for specific deadlines for registering shares, this period is clearly stated in Government Decree No. 862 - it is six months and is assigned based on the conditions of the transaction for the acquisition of real estate.

When does this period begin and what does it depend on?

If someone from the family has not received ownership of the purchased premises, six months will accrue from the moment the Russian Pension Fund transfers the required amount to the person who is alienating the property.
If a residential property is purchased in installments and with the drawing up of a purchase and sale agreement, the period for allocating shares to children begins from the moment the last payment is made. The house or apartment must be fully paid for.
As a participant in shared construction, a citizen is obliged to make the real estate common within six months after signing the transfer deed.
When building a house, the required six months begin from the moment the house is put into operation.
When reconstructing or constructing a residential property, everyone must be allocated shares within six months from the date of receipt of the cadastral passport of the property.
If maternity capital was used to compensate for the costs of reconstruction or construction of housing that was already owned by someone in the family (starting in January 2007), the shares must be issued to the remaining family members no later than 6 months from the date of transfer of the entire amount to the Pension Fund.
If the certificate holder is a member of any housing cooperative and state support money is sent to pay the entrance fee or share fee, six months begins after the last payment is repaid.
If the property was purchased with a mortgage and maternal capital funds paid off part of the interest on the loan or became a down payment, 6 months for the transfer of shares to children and the other parent begin either after the mortgage encumbrance is removed from the property, or after the house is put into operation (in case of individual construction), or when the Pension Fund transfers family capital funds (subject to the fulfillment of the two above conditions).

What share should be allocated to children?

The share of ownership of residential premises is determined based on the relationship between the price of the real estate and the amount of government support that went to pay for it. It is the share of the maternal capital that must be divided equally among all family members.

The law on the allocation of family capital funds to families with children does not indicate what the minimum share of property is due to each adult and child. However, such a norm exists at the regional level. Article 50 of the Housing Code gives the constituent entities of the Russian Federation the right to independently establish the minimum standard of living space required for each person living in a residential building. The norm also depends on the number of people living in one living space.

The minimum footage for each family member with several children is approximately:

9-10 square meters for citizens living in a separate apartment or private house;
12-18 square meters for residents of premises intended for multiple families (for example, for communal apartments or dormitories).

If possible, it is better to stick to these numbers.

Since the right to own real estate also extends to future children, the agreement must contain a clause on a possible reduction in the share of ownership in the living space or on their redistribution.

What can happen if you ignore your obligation?

If you do not fulfill your obligation and do not give shares to your children, wife or husband, the Pension Fund may require you to account for the funds received from the state and detect their misuse. What will happen? In the best case, the property owners themselves will allocate shares to all members of their family, in the worst case, the Pension Fund will force them to return the money.

When deciding a case in court, the prosecutor's office can independently decide on the distribution of shares between parents and their children, and this order will need to be fulfilled.

If the Pension Fund authorities are not interested in the details of ownership of the purchased residential property, problems may arise when selling it. When concluding a purchase and sale agreement, the history of this residential property will be checked, and the fact of violation of the law will certainly come to light.

It should be noted that not only the Pension Fund of the Russian Federation, but also the guardianship authorities, the prosecutor, as well as the children themselves, having reached the age of 18, can sue.

How to allocate shares to children?

To fulfill the obligation to allocate shares in real estate purchased with family capital, you can use one of two methods:

transfer shares by drawing up a deed of gift;
enter into an agreement on the allocation of shares.

There is a third way, when the spouses cannot come to a common agreement. Then the court intervenes in the matter.

The first step depends on who owns the property. If the object is owned by one of the parents, then the first step is to give the same right to the second one, after which it is time to decide how to give the share to the children.

When both parents already have shares in an apartment or house, they can draw up an agreement on the division of property acquired in a joint life, so that then each of their shares can allocate a portion to the children.

If both parents own property, they simply need to decide how to pass on some of the property to their children. Chapter 16 of the Civil Code of the Russian Federation will help here, in which you can find provisions on common property.

Let's consider both options for giving children shares in real estate purchased with the help of maternal capital.

Agreement on the allocation of shares to children

An agreement on allocating shares to children contributes to the redistribution of common ownership rights to a house or apartment. When drawing up such an agreement, the father and mother can play several roles simultaneously:

as citizens acquiring shares in common property;
as the original owners of the premises;
as persons who authorize the conclusion of a transaction for children under the age of majority;
as representatives of their children (not older than 14 years).

The agreement is drawn up by a notary, who must provide the following documents:

certificate details for receiving maternal capital;
contract of sale;
a copy of the obligation drawn up by a notary;
passports of spouses and their children (if the latter are over 14 years old);
birth certificate of each child;
Marriage certificate;
certificate of ownership (indicating that the housing is not encumbered with a mortgage) or an extract from the Unified State Register of Real Estate (which can be ordered online on the official website).

When concluding an agreement, the personal presence of all parties to the transaction and their signatures is required, with the exception of children under 14 years of age. In this case, each participant in the transaction must put his signature. Their parents, who are their legal representatives, sign for young children.

Donation agreement

To allocate shares of property to children, you can draw up deeds of gift. Each parent independently draws up a deed of gift for part of a house or apartment. Of course, if the sole owner is a single mother, one agreement will be enough.

A gift agreement is an act of transferring part of the property into the possession of children free of charge. This agreement is drawn up by a notary and is subject to mandatory state registration, that is, first the agreement is certified by a notary, and then it can be submitted to the Registration Chamber or the MFC.

The process of donating property is regulated by Chapter 32 of the Civil Code of Russia. According to the law, the contract must indicate the specific property being transferred as a gift. Otherwise, the act of donation will not be recognized as valid.

List of documents that must be submitted to a notary:

an extract from the Unified State Register of Real Estate or a certificate of registration of property rights;
basis agreement (for example, purchase and sale agreement);
passport and copies of all completed pages;
passports of children (from 14 years old);
birth certificates of children to whom a share is allocated;
technical passport for a residential property (this document can be ordered from the BTI or MFC).

If a deed of gift is drawn up by a single mother, she needs to seek help from representatives of the guardianship and trusteeship authorities so that they represent the interests of a young child who is under 14 years old. This is necessary, since Article 182 of the Civil Code of the Russian Federation prohibits the donor from being at the same time a representative of the donee. If the child is already 14 years old, he can independently sign the agreement, doing so “with the consent of his legal representative” (in this case, the mother). If the child is already 18 years old, he is a full participant in the transaction.

The cost of the transaction can reach 0.5% of the cadastral value of the house or apartment (but not more than 20 thousand rubles).

Conclusion

Housing acquired or reconstructed with the help of maternal (family) capital must belong to the entire family, including those children who may appear in it in the future.

Therefore, if it so happens that it is not possible to register the purchased apartment or house as the common property of the whole family, you need to draw up and notarize an obligation about your intention to do this within the period established by the legislation of the Russian Federation, when such an opportunity arises.

Failure to comply with the terms of the accepted obligation entails legal liability. And if you deliberately ignore the rules for the distribution of shares in real estate, in the acquisition of which maternal capital money was involved, you need to be prepared for the fact that the Pension Fund may demand that the entire amount be returned. It is best to act in accordance with the laws of the Russian Federation and fulfill the obligation either by concluding an agreement on allocating shares to children, or by writing a deed of gift.

Allocation of shares to children when using maternity capital It is considered mandatory if the parents have taken out a mortgage product with funds received through maternal capital. The law was adopted by the state in order to protect, first of all, the child. For example, so that after force majeure in the form of parents’ divorce or their death, one does not end up homeless. Mandatory allocation of a share serves as a kind of insurance against force majeure circumstances. It turns out that government bodies act as defenders of the interests of a citizen who has not reached the age of majority.

In what case is it necessary to draw up a commitment?

After a family becomes the owner of a certificate for receiving money under maternal capital, it needs to contact the Pension Fund of the Russian Federation. Parents fill out an application, in accordance with the points of which they direct capital funds (or some part of them) to liquidate the current mortgage debt. We can also talk about a regular loan, which was taken out to purchase real estate.

Receiving money is possible only if the following points are met:

There is a new addition to the family - a second child was born (or he was officially adopted). That is, according to current legislation, the family has the right to receive money under the certificate.
The parents already have the appropriate certificate to receive funds from the state.
The family has a mortgage loan and needs to make payments in accordance with its terms.

The entire amount, or part of it, can be used to fully or partially liquidate the loan debt. If you have not completed an application with the Pension Fund, you will not be able to use the funds, even if they are at your disposal.

The obligation is drawn up for the citizen who is the owner of the property. It is this person who is obliged to allocate a share to a minor child in housing issued under a mortgage loan. As a rule, in our country, husband and wife own property jointly. Or they choose fractional ownership. There are cases when a mortgage is issued by one of the spouses before marriage. He is the owner, so he is required to allocate a share to the child.

According to the law, the obligation must be issued in relation to all children if the property is owned by both husband and wife.

When drawing up official papers, only those children with whom parental ties exist can claim a share.

For example, mom or dad by blood, or an official adoption procedure was carried out. For clarity, we can give an example.

Example. A woman married a man who has a son from a previous marriage. After creating a new family, the child lives with his father and his new wife. But the woman did not establish family ties in relation to him. During the marriage, the newly formed family had two children. A woman applies for a mortgage loan with the possibility of using maternity capital, but the obligation to allocate a share is issued only to children born in marriage with a man. In this case, his son from his first marriage cannot count on a share in the housing received through maternal capital.

In what cases is it not necessary to formalize an obligation?

Registration of housing can be carried out not only for adult spouses, but also for their minor children. In this case, the obligation to allocate a share, drawn up in the Pension Fund, is not required. To receive a share, a child who has reached the age of majority must submit only a package of documentation that confirms ownership.

Features of drawing up an obligation

In order to draw up a paper obliging you to transfer the share to the child, you must visit a notary. The cost of document preparation depends on the region and the specific office. Usually it does not exceed one and a half thousand rubles.

Note! That an obligation that is not certified is not taken into account by the country's PF. It simply has no legal force.

The presence of a citizen who owns the property (or two spouses if they own the property jointly) is required. He (or both spouses) after paying off all debts becomes the full owner of the property.

An important point of the document is that mom and dad undertake to register the apartment received under a mortgage not only as their property, but also as the property of their children. A signature is placed as confirmation.

Deadlines

After repayment of the debt (respectively from the moment when the property is removed from encumbrance) parents have six months to allocate a share to your children. Moreover, the share is allocated to all children who are in the family at the time of liquidation of debt on the mortgage product.

Example. In 2012, a daughter was born into the family (the second child). Accordingly, the family received maternity capital and used it to partially eliminate the debt on the mortgage product. The family finally got rid of the burden only in 2017, but it already had three children. And it is all three children who will have to receive a share. And not the two children who were at the time of using maternity capital.

How to correctly determine the share in an apartment?

It is noteworthy that there is no specific law that determines the size of the share in this case.

If we turn to the Housing Code of the country, we will see that standard area for living Twelve square meters are considered per citizen.

Of course, the figure varies depending on different situations or subjects of the Russian Federation, but not so significantly. Information can also be found in the Code about the minimum standard. It is six squares. When registering an obligation to allocate a share, there is no need to indicate the exact number of square meters. But in order to avoid misunderstandings in the future when registering real estate, parents should resolve this issue.

What happens if obligations are not fulfilled?

Everyone understands perfectly well that the period between the formalization of obligations and their implementation in reality can be over ten years. Paying off every last penny of a mortgage loan in 4-5 years is almost impossible in modern conditions. Plus the original is given to the Pension Fund. This means that people may not fulfill these obligations simply because they have forgotten.

At the legislative level, it is still not stated who exactly is the responsible body that controls the obligations formalized by parents. As well as there is no specific liability for violation of undertaken obligations. But this does not mean that there will be no punishment. The prosecutor's office or the Pension Fund may initiate an inspection. The child can receive a share in court. Let's say he is 18 years old and wants to receive a share in accordance with the rules.

Usually non-compliance faces an administrative fine . If parents violate the deadlines, then no penalties are expected. At least, there are no specific clauses in the law on this matter.

What documents are required to submit to formalize the obligation?

First, you need to decide on the method by which children will receive a share in real estate in the future. Eat two ways. First– drawing up the Agreement. The clauses stipulate that the parent transfers the share when using maternity capital. Second– execution of an agreement for donating a share to your minor child. In any case, when drawing up an obligation to transfer a share, it is necessary to prepare the following package of documentation:

Application for registration of the right to receive a share in the apartment. To be completed on behalf of each participant by the state registrar.
A document (agreement or donation) signed in the presence of the registrar, as well as all participants in the transaction.
General civil passports of spouses. You must scan all pages of your passport.
A document evidencing marriage between property owners.
Birth certificates of children. Moreover, it is necessary to submit both copies and originals to the competent authorities.
Document on state registration of property rights. The original along with a photocopy is required.
An agreement on how exactly the transaction for the purchase of real estate was concluded. Let's say the spouses entered into shared ownership, or purchased an object under a standard purchase and sale agreement.
A receipt confirming that the state fee has been paid. Its cost is 2 thousand rubles. This amount is distributed equally among the citizens who participate in the transaction.

Submission of documents is carried out through the Registration Chamber. You can also contact the multifunctional center, which now operates in every city. True, the MFC usually takes two days longer to process documents. Through the Registration Chamber, the review process does not take more than ten days. After time has passed, applicants receive state registration certificates, which, among other things, indicate a specific share.

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