Can a husband pay off a mortgage with maternity capital? Is it possible to pay off a mortgage with maternity capital? Maternity capital, mortgage for husband

The Government of the Russian Federation annually makes amendments to the law on the disposal of maternity capital. Now the benefit can be used to pay off your husband’s mortgage if you adhere to the rules and formalize the transaction in accordance with the norms of Federal Law No. 256. Let's take a closer look.

Conditions

Maternity capital is a one-time payment of a fixed sum of money, which is awarded to a family for the birth or adoption of a second and subsequent children. For 2018, the benefit amount is 453,026 rubles. Since parents' expenses are not always justified, the money is provided in the form of a personal certificate that cannot be cashed. Maternity capital can be disposed of in the following ways:

pay for the education of children until they turn 23;
contribute to the mother's funded pension;
send to improvement of living conditions for family .

The obligation must be fulfilled within 6 months after writing. Otherwise, the purchase and sale of housing transaction is declared invalid and the maternity capital certificate is cancelled. Parents may face criminal charges for fraud.

A package of documents is submitted to the Pension Fund, after which an application is drawn up for the disposal of MK funds for repayment of a mortgage loan issued to the husband. The paper verification procedure takes from 7 to 30 days. Afterwards, parents are given a certificate, which is sent to the bank. Based on the document, the debt is repaid. There is no other way to pay for a mortgage through maternity capital.

If the mortgage was taken out before the marriage was registered

In order to pay off the mortgage husband's means maternal capital, It is necessary that the marriage between the spouses be officially registered. At the same time, the law allows the debt to be paid if the housing loan was issued before the union was registered. This rule also applies to divorced couples.

If a housing loan was taken out by the husband before marriage, then during the marriage it is possible to repay the housing loan using maternal capital, even if both of the wife’s children are from her first marriage. The main rule is to be in an officially registered union. In order to spend MK on improving living conditions, the owner of the living space (husband) needs to register notarized obligation to allocate a share in the apartment to the children . After the encumbrance is removed, the spouse must fulfill the obligation, otherwise the citizen will be prosecuted for fraud.

If maternity capital is issued before marriage

Maternity capital is issued mainly to a woman for the birth or adoption of a second child. Payments are also given to single mothers or fathers who raise children on their own. Therefore, it is not uncommon for a marriage contract to be issued before marriage.

The owner of the certificate can spend part of the maternity capital funds to pay off her husband’s mortgage. To do this, you need to send a corresponding application to the Pension Fund at your place of registration. The spouse is obliged to register illegitimate children in the apartment and allocate a share to them after the encumbrance on the property is lifted. The wife, in this case, cannot claim ownership of the property, since the spent allowance is not considered a basis for recognizing the spouse as a co-owner of the apartment.

If the child is under three years of age

According to the law, it is possible to use maternity capital only after 3 years. Exceptions include transactions to improve living conditions for a family. Thus, there is a possibility of early use certificate MK:

for an initial mortgage payment or debt repayment (loan interest);
for the needs of a disabled child.

In this case, the borrower under the loan agreement can be either the owner of the certificate or his spouse. That is, if the husband or wife already has a mortgage, after the birth of the second child, you can apply for maternity capital and submit an application for disposal of funds to the Pension Fund.

Maternity capital cannot be spent on paying off penalties, fines or fees for delays and failure to fulfill obligations under a loan agreement.

When providing a mortgage loan, the bank requires a down payment, which varies as a percentage of the cost of housing (10 - 30%). This amount can also be paid with maternity capital.

The procedure for repaying a mortgage issued to a husband using MK funds:

receive maternity capital from the Pension Fund of Russia;
submit an application for disposal of funds;
provide documents confirming the conclusion of a mortgage loan;
submit a certificate (permission) to the bank;
register the transaction in Rosreestr.

Required documents

Applying for a mortgage is not easy, as the process requires collecting a large number of documents. If the borrower cannot prove his solvency, the loan will be denied. To speed up the process of completing a transaction, you should consult with a bank employee in advance and clarify what additional documents may be required.

Basic list of documents for the bank:

passport of a citizen of the Russian Federation;
a document confirming official employment (a copy of the work record book or a certificate from the employer);
salary certificate for six months;
Marriage certificate;
registration at place of residence;
permission from the Pension Fund for the disposal of MK funds and a purchase and sale agreement for an apartment (after concluding a housing loan agreement).

After signing the documents and registering the mortgage with the bank, the transaction is registered in Rosreestr.

Documents for the Pension Fund:

ID card of the owner of the MK;
maternity capital certificate;
child's birth certificate;
marriage certificate;
housing loan agreement and other documents confirming the taking out of a mortgage;
obligation to allocate a share to children;
application for disposal of a maternity capital certificate.

The application form is issued by an employee at the Pension Fund office.

SNILS number of the parent and other identification data;
the purpose of using maternity capital;
required amount;
account number for transferring funds, etc.

Download a sample application to the Pension Fund for the disposal of maternity capital funds

Refusal to repay a mortgage loan using certificate funds

In some cases The Pension Fund has the right refuse to pay off your husband's mortgage if a transaction to improve housing conditions is questionable or contrary to the law.

The money from the certificate can be used to pay the down payment and (or) repay the principal debt and interest on a target mortgage loan or a loan for the purchase (construction) of housing.

→
→

→
→
→

Mortgage lending for families with two or more children is one of the main opportunities to use funds secured by a maternity capital certificate. By using money from maternity capital for housing loans or borrowings, a family that needs to improve their living conditions can count on a payment from the state in 2020 in the amount of up to 466 thousand rubles without waiting 3 years.

In general, according to Russian legislation, a mortgage means real estate pledge(apartment, house, room or share in property), which is received by a financial organization (mortgagee) until full settlement of the issued loan funds.

That is, the borrower:

takes out a home loan or a targeted loan for a mortgage;
The bank receives housing purchased or under construction as collateral until the debt and interest on the loan are fully repaid;
In order to be able to fully dispose of the property, final ownership is formalized after the mortgage is removed from the living space (that is, after full payment of the borrowed funds, interest, commissions and late fees).

At the legal level, mortgages are regulated by Federal Law No. 102-FZ of July 16, 1998 “ About mortgage (real estate pledge)" Not only housing, but also a plot of land, an enterprise or other property can be provided as collateral.

A mortgage loan secured by maternity capital most often requires an apartment as collateral. Financial institutions are not as willing to lend for the construction or purchase of a house as they are for square meters in apartment buildings.

How to use matkapital for a mortgage

According to the Decree of the Government of the Russian Federation No. 862 of December 12, 2007 “ On the Rules for allocating funds (part of the funds) of maternal (family) capital to improve housing conditions", one of the possibilities to use funds using a certificate is purchase or construction of housing. If these procedures are carried out with the conclusion of a loan agreement, then money from maternal capital in non-cash form can be transferred to the credit institution that provided the loan. However, this requires compliance with a number of certain conditions.

Funds under the certificate can be used for the following purposes:

payment of the first installment under a housing loan agreement, including a mortgage loan, or under a targeted loan agreement;
depositing funds towards the loan principal and paying interest.

It is allowed to pay using maternity capital funds exclusively targeted loans- that is, taken for the purchase or construction of housing. A loan agreement can be concluded both before the family has the right to maternity capital, and after. In this case, not only the certificate holder, but also his (her) spouse has the right to be a participant in the transaction.

Attention

It is strictly prohibited to use funds from maternity capital to pay off fines, penalties or various commissions under loan agreements. The purpose of using the funds must be indicated in the application for disposal to the Pension Fund (PFR) and confirmed by the relevant documents listed below.

It should also be noted that housing loans using maternity capital funds are often implemented through special banking programs, under which a government subsidy can be invested in the payment of principal, interest or the first loan installment.

Pay off the mortgage loan. capital

If a mortgage has already been taken out, and a second (third) child is born in the family, the family has the opportunity to make part of the money provided under the maternity capital certificate as an early payment.

In practice, it is much easier to direct money from maternity capital to an already taken out housing loan than to apply for a new one.

Maternity capital for repayment previously taken out mortgage, can be used after submitting the appropriate application to the Pension Fund. The money is transferred from the Pension Fund account to the account of the financial organization from which the purchased housing is secured.

Process repaying the mortgage with maternal capital occurs in the following sequence:

If you purchase finished housing (and not in a house under construction), the borrower immediately registers ownership of the apartment in Rosreestr. At the same time, the extract from the Unified State Register of Real Estate (USRN) will indicate that the apartment has been transferred to a mortgage.
A certificate of current debt on the loan is obtained from a credit institution (bank).
The required package of documents is collected and submitted along with the application for disposition to the Pension Fund for consideration.
The application is reviewed by the Pension Fund within a month. If it is approved, the capital will be transferred to the credit institution within 1 month and 10 working days from the date of registration of the application.
After the money is transferred by the bank, a recalculation is carried out and a new payment schedule is drawn up.
The borrower continues to repay the loan.
After the final settlement with the bank and signing of all papers, the encumbrance on the apartment is removed, and the new owner registers it as the property of all family members.

Documents for loan repayment

Maternity capital for repayment of a mortgage issued earlier is transferred by the Pension Fund of Russia to the account of the credit institution after providing the documents listed in clause 6 and clause 13 of Government Decree No. 862 of December 12, 2007.

Photo pixabay.com

For those who want to use maternity capital for a mortgage, the documents are provided according to the following list:

application for targeted allocation of funds (to be completed in the Pension Fund of Russia);
a document identifying the applicant and confirming his registration;
if the documents are submitted by a legal representative - his identity card and notarized power of attorney;
if the loan agreement was concluded by the spouse of the certificate holder - the spouse’s passport and his registration document, as well as a marriage certificate;
a copy of the credit (loan) agreement and, if available, the mortgage agreement with a state registration mark;
a certificate from the bank about the balance of principal and interest debt;
a document confirming the transfer of a loan (credit) to the account of the developer or home seller;
if the residential property has not yet been registered as the common shared ownership of all family members - written obligation to complete such registration within 6 months after:
- removal of encumbrances on housing (for a mortgage);
- its commissioning (in case of shared construction);
- immediately after the transfer of funds from the Pension Fund (in other cases).

The following documents are provided depending on the purpose of the loan and are required for confirmation of the intended use of money(improving living conditions):

extract from the Unified State Register of Property Rights for the purchased property (if an already completed apartment was purchased or the construction of the housing for which the loan was issued was completed);
agreement for participation in shared construction(if the owner of the certificate or his spouse purchases an apartment in an apartment building under construction);
statement of membership in a housing cooperative(if the loan was issued to make an initial or share contribution to a residential complex, housing cooperative or housing cooperative);
permission to build an individual residential building(if the bank agreed to issue a loan for such a case, and the house has not yet been put into operation).

Maternity capital for down payment

Until 2015, the opportunity to use funds for a down payment on a mortgage loan was provided to certificate holders only after three years from the moment of birth or adoption of the child.

The legislative opportunity to allocate funds for a down payment on a loan for up to 3 years appeared after the entry into force of:

Federal Law No. 131-FZ of May 23, 2015 on amendments to Art. 7 and 10 of the Basic Law on Maternity Capital;
Resolution of the Government of the Russian Federation No. 950 of September 09, 2015 on amendments to the “Rules for allocating maternity capital funds to improve housing conditions.”

After making this decision, the Government predicted the growth of the mortgage lending market by 5-30%, but there was no significant increase. In practice, certificate holders wishing to exercise this right have encountered technical difficulties.

Conclusion

According to current legislation, the holder of a maternity capital certificate can take a target housing credit or loan for the purchase or construction of housing. According to the application to the Pension Fund, the funds secured by the certificate are used to pay off the borrowed money.

The undeniable advantage of such a targeted investment is that the money can be used immediately after receiving the right to maternity capital, that is until the child's 3rd birthday. In fact, this rule currently only applies to paying off mortgage loans already taken out. In practice, maternity capital is still used for the first loan installment, but usually after the child turns 3 years old.

In addition, some Russian banks offer special mortgage lending programs involving maternal capital at a reduced interest rate.

RedRocketMedia

Bryansk, Ulyanova street, building 4, office 414

1. Is it possible for my husband to take out a mortgage for maternity capital with my mother as a co-borrower?

1.1. It is possible, but only through a prenuptial agreement (you and your husband must have one for the apartment you are purchasing).

Finding a lawyer or advocate for your issue

2. My husband is next in line for a military mortgage. Can I buy a house with my mother’s capital?

2.1. You can buy it.

3. Can the husband take out a mortgage with the investment of maternity capital and 300 rubles.

3.1. YES, of course it can.

GOOD LUCK TO YOU

4. You can use maternal capital for a mortgage if the husband is not involved in the transaction.

4.1. If maternity capital is used. then the husband and children receive the right to a share, therefore. become participants in the transaction.

5. The mortgage was issued only to the husband, the wife did not take part in the transaction, can we invest maternity capital in repaying the principal debt on the mortgage. At the time of taking out the mortgage they were legally married.

5.1. Hello Olga
Why not, but in any case, the final decision will be made by the employees of the pension fund; contact the branch of the Pension Fund of the Russian Federation.

5.2. Good afternoon. Yes, you have the right to invest mat, capital.

6. The house was purchased with a mortgage with partial repayment by maternal capital in 2012. Divorced in 2016. The ex-husband has an obligation to pay the mortgage to divide the house between me and our two joint children 1/4 each. I live in the house with my family; I paid off the mortgage in January 2020. In October 2019, I had a child from my second marriage. When dividing the house into parts, will it be necessary to divide it for the third child? The mortgage was taken out by the ex-husband.

6.1. Hello.
If the ex-spouse does not voluntarily go to the notary to formalize the allocation of shares, then go to court to force him to do so.
A child from a second marriage cannot be allocated anything in this housing. More precisely, you can do this at the same time as allocating shares to children from your first marriage, but divide your share between yourself and the child from your second marriage. Only by request. There is no obligation.

7. Thank you. Maternity capital was invested in a mortgage to build a house. The house is not finished yet. Registered to my husband. In case of divorce, what should you do about it?

7.1. Good afternoon

For property acquired with borrowed funds, including housing with a mortgage, the same rules apply as for property acquired without loans. That is, it should be divided in half. Many people wonder: what will happen to maternity capital? Is it possible to divide this money, since it was also acquired during the period the spouses lived together? First of all, it is worth remembering that maternity capital is not the property of the spouses. defines the concept of common property of spouses. This indeed includes all material assets purchased or received by the husband and wife before the day of the official divorce, including cash payments, but only if they do not have a specific purpose. And since maternity capital funds have a purpose defined in the Law, they are not subject to division after a divorce. Only the owner of the certificate will be able to dispose of capital funds, regardless of whether he is married or not. The main purpose of using a maternity capital certificate is to support minor children, and not their parents.
But if capital funds have already been spent on the purchase of housing, it will have to be divided. Pursuant to the requirements of the Law, housing purchased using maternity capital funds is registered in the common shared ownership of all family members, including children. Therefore, during a divorce, spouses can only claim their share, even if it has not yet been allocated.

8. My mother is the main borrower of the mortgage, I am a co-borrower, but the housing will be fully registered in the name of me, my husband and children, and I will be registered there. In this case, is it possible to use maternity capital to pay off the mortgage?

8.1. You are the same borrower - just like your mother.
If the housing is registered in YOUR name, then using mat capital is possible.

9. Please tell me if we sold the apartment purchased using maternity capital. With this money we bought another one with a mortgage. After the encumbrance is lifted, the children must be given shares in this apartment. Is it necessary to do a gift deed with a notary? The owner is a husband, bought while married.

9.1. Good afternoon
You must allocate the shares within 6 months from the date of concluding the mortgage agreement.
You must write out a notarized undertaking to allocate a share to your children.

9.2. Dear Maria.
You had to allocate shares to the children in the apartment for which you used MSK.
But, since you have already sold it, then fulfill the obligation to allocate it. You now need shares in the purchased one. But now, for this, you need to obtain permission from the creditor bank or change the obligation regarding the allocation of shares to children.

10. I take out a mortgage for an apartment, with the participation of maternity capital funds. My husband is a co-borrower. When drawing up a loan agreement, they ask you to have a notarized statement from your spouse renouncing the right of ownership (I don’t know if I worded it correctly). What kind of statement is this? Is it really necessary? How much does it cost?

10.1. Yes, such a statement should cost 1500-2000 from any natary.

11. I am married for the second time. I have a daughter from my first marriage, my husband has 2 underage sons who live with us, their mothers have died. Now we have a child together. I have an apartment with a mortgage, and when I pay off the mortgage with maternity capital, will I have to divide it among all my children, or just my own?

11.1. Good afternoon, Tatyana. Distribution of maternity capital only to your children - from your first marriage and a joint child. In what year were your spouse’s children born and their mother died?

12. A family (husband, wife and two children) takes out a mortgage for an apartment. Maternity capital will be used as a down payment. Please tell me what to do if this is the woman’s second marriage, the first child from her first husband. Does the ex-husband have the right to claim a share in maternity capital in this case?
Thank you.

12.1. Hello,
The ex-husband, the father of the first child, does not need to allocate anything
I wish you good luck and all the best!

13. In 2013, we bought an apartment with a mortgage (while married), registered the purchase in the wife’s name, and used maternity capital to pay off the mortgage at the end of the term. At the same time, they wrote a statement to the notary that we would allocate shares in the apartment to all family members. In 2019, shares in the apartment were allocated. In 2020 we exchanged the apartment with an additional payment. In a statement to the guardianship authority, the husband renounced his share in the new apartment in favor of the child. The transaction was formalized by a notary. Should the husband pay tax on the sale of his share?

13.1. No, he should not, if he proves that in 2013 the apartment was purchased with funds acquired jointly during marriage and was the common property of the spouses.

14. Before marriage, I bought an apartment with a mortgage. A second child was born in the marriage and part of the mortgage was paid off with maternal capital. Pay off your mortgage until 2028. At the moment I want to divorce my husband, he and I have come to an agreement that he renounces his share, and I do not file for alimony during the divorce. We contacted a local notary, this is the first time he has heard about this. Where else can I go and make such a document? Thank you!

14.1. It is impossible for a parent to refuse child support, since you are violating the rights of the child.

14.2. Hello, maternity capital is not divided during a divorce. Maternity capital is considered a state target payment - it is not considered jointly acquired property and is not subject to division between spouses.

15. What needs to be done to buy an apartment with a mortgage, using maternity capital, only for the husband?

15.1. Good evening. If housing is purchased using maternity capital, then shares must be allocated to all family members.

15.2. The husband has nothing to do with maternity capital. When using maternity capital to buy an apartment, shares must be allocated to children.

16. We bought an apartment with a mortgage. We paid off the mortgage with maternity capital. Now we want to sell the apartment. There is a daughter, 10 years old, 27 years old, husband and wife. The certificate was for 420 thousand rubles. I have my husband's apartment. How to do it right. How many shares should I allocate from my husband’s apartment? How much should I deposit into a minor’s account when selling an apartment?

16.1. Your question is not entirely clear. Did you buy an apartment while married? If the property is the property of a spouse, then the allocation of shares using MSK is impossible.

17. I have a question. My sister bought a plot of land with a house on a mortgage. Registered using maternity capital, so far 1/2 with my husband and house and land. My sister and I want to build a house on this plot, without tearing down the old house for now, for two families with separate entrances and communications. Tell me how to first obtain a building permit, and then register the land and house, so that each family has its own documents.

17.1. Hello! Currently, a building permit is not required. You contact the architecture department of the Administration of your city, you can use the Administration’s website, or by phone, personal appointment and consult, I’m sure they won’t refuse you!

18. During marriage, an apartment was purchased with a mortgage; half of the mortgage was paid with maternity capital. She filed for divorce. From the marriage there are two children: 1 year and 3 years. My husband refuses to pay the mortgage and forces me to either check out of the apartment or pay off the mortgage in full; I am currently on maternity leave. What can I do better to avoid ending up on the street with my children?

18.1. Good afternoon, if you stop paying your mortgage, the bank will be able to foreclose on the apartment and then you will definitely lose it. The best option would be to let them live and continue paying, and then reduce the spouse’s share in this apartment.

18.2. Hello! Your husband has no right to force you to “check out.” Also, if you check out, property rights are not lost.
Before divorce, contact your bank, they will advise you in more detail about the division of mortgage housing.
In the event of a divorce, file for division of property, you can involve the bank as a third party and determine in court the procedure for paying the mortgage.
If you refuse the apartment in favor of your husband, you have the right to half the down payment and the amount already paid on the loan.

19. My husband and I are planning to buy an apartment with a mortgage. The spouse’s income will not be taken into account; the property will be registered as my property. To do this, the bank will ask you to draw up a marriage contract or receipt. But since maternity capital funds will be raised, the spouse will be allocated a share. The question is: will the husband be able to get a tax deduction for this apartment? I cannot apply for a deduction because I pay taxes according to the simplified tax system. Is it possible to include a clause in the marriage contract that allows for a deduction?

19.1. If there is a prenuptial agreement, he will not be able to get anything.

20. The state gave the apartment to an orphan and I cannot yet privatize it for myself since another 5 years have not passed. My husband and I want to buy a house using maternity capital and a mortgage, what should we do so as not to lose our apartment and buy a house?

20.1. No one will deprive you of your apartment. How are you going to pay your mortgage if you don't work for sure?

21. My husband and I found a house, decided to buy it, they agreed to some part of it, they wanted to use the maternity capital, and give a part, and then the rest from the sale of the apartment, my husband is not officially listed, but receives 15 tr, I am listed as a social worker. an employee, but the child is not yet 3 years old, will they give us a mortgage?

21.1. This issue is resolved by the bank. Most likely your mortgage will be denied.

22. We have a dorm room, 3 equal shares for my husband, son and daughter. There is an apartment with a mortgage in which we have committed to allocate shares due to maternity capital. How can we sell a dorm room?

22.1. To sell a room you will need permission from the guardianship authority.

23. The mortgage was issued to my husband, the balance is 720,000 rubles, he has not worked for the last 1.5 years and now does not pay payments, I pay, we are divorced. If I transfer the balance to myself for a long time, then what part of the cost of the apartment can he claim, provided that the maternal capital invested in the mortgage is 420,000 rubles?

23.1. First of all, debt transfer is possible only with the consent of the bank, as it entails a partial change in the loan agreement. The husband can claim a share proportional to the funds he invested, including 1/2 of the amount invested during the marriage and part of the maternity capital.

24. We are planning to take out a mortgage, my husband is solvent, I am not. We will use maternity capital for the first payment. Who will ultimately own the home?

24.1. Property acquired during marriage is considered joint property! Regardless of who it is registered to.

25. I have a question: I divorced my husband and after the divorce I bought an apartment with a mortgage and invested maternity capital, can my husband claim a share in the apartment, but the child is registered with him.

The magazine site has talked more than once about maternal (family) capital and the fact that its funds can be used to buy a home with a mortgage or to pay off an existing debt, as well as how to do this correctly. However, life situations can be very different and often not at all “classical”, so holders of the relevant certificates always have enough questions, and this time, with the help of experts, we decided to answer at least some of them.

This article is a reference and information material; all information in it is presented for informational purposes and is for informational purposes only.

If you would like to take a look at the previous materials “” on the topic of maternity capital, then here they are: “”; " "; " ".

And we move on to our next topic - unexpected and unusual situations that sometimes arise in young families who are thinking about how to take out a mortgage loan or pay off an existing one with the help of maternal capital.

Situation 1: reasons for refusal and whether they can be overcome
The owner of the certificate for maternal (family) capital (MSK) does not want to exercise his rights, since “they will refuse anyway.” Question: can a bank or the Pension Fund of the Russian Federation really refuse to use maternity capital to obtain a mortgage or pay off existing debt?

Both the bank and the Pension Fund may indeed refuse to use your mother’s money to purchase a mortgage home, but you shouldn’t be afraid of this at all, because there are very few reasons for refusal.

First of all, the Pension Fund refuses to scammers and very unscrupulous citizens, and the grounds for refusal are set out in federal legislation. According to Alexey Sitishev, head of the mortgage lending development department of UniCredit Bank, the following are considered conscientious objectors:

- people deprived of parental rights or limited in these rights;
- families in respect of whom a decision was made to cancel the adoption, or the child was taken away by the authorities protecting the rights of minors;
- who have committed a crime against their child related to crimes against the person.

It is clear that the situations described above fall into the “out of the ordinary” category.

Failure is also almost inevitable if the package of documents required to be submitted to the Pension Fund contains inaccurate information . “They also refuse in cases where, when using maternity capital to purchase housing, the intended use of the funds is not visible, that is, a purchase and sale agreement for residential real estate or a non-targeted loan has not been provided,” says Nikolay Altunin, head of the mortgage lending department of Promsvyazbank. It is quite possible that the borrower really intends to buy housing with the borrowed funds, but cannot get a mortgage on it (for example, the apartment does not meet the bank’s requirements for residential premises, or it is unfinished, the purchase of which with a mortgage in our realities is actually impossible), so he takes out a loan for consumer needs, but the Pension Fund must be sure of the intended use of the funds, and only documents can assure it, which is generally fair.

“Also, according to Article 10 of Law No. 256 “On means of state support for families with children,” the Pension Fund of the Russian Federation may refuse to allocate MSC funds to pay off a debt or a new loan if the apartment is registered not only in the name of spouses and children, but also in the name of other relatives (parents, brothers, sisters, etc.),” notes Maria Polyakova, Director of the Department of Innovation, Methodology and Standardization of AHML.

Another reason for refusals by the Pension Fund is banal carelessness of a potential borrower . According to Natalya Konyakhina, Head of Mortgage and Consumer Lending Department at SMP Bank, maternity capital will not be allowed to be used for mortgage purposes if an incomplete set of documents is provided with the application for its use or if the papers contain errors and inaccuracies.

But it is worth noting that, whatever the reason for the refusal, you can defend your rights: “The fact of refusal is not critical and can be appealed to a higher body of the Pension Fund of the Russian Federation or in accordance with the established procedure in court,” notes Alexey Sitishev (UniCredit Bank"). If the borrower is able to prove that he is right and has the right to use maternity capital, the money will definitely go to the bank.

Banks also have certain reasons not to accept maternal (family) capital, but, however, only when issuing a new loan. “If the Pension Fund is ready to transfer maternity capital funds to pay for an existing mortgage loan, the bank cannot refuse this, and it is obliged to write off the received funds to pay the principal debt on the same day (i.e., same day).” , - says Natalya Konyakhina (SMP Bank).

Well, when issuing a new loan, the reasons for refusal may be: insufficient amount of own funds (even if maternity capital serves as a down payment, as a rule, the borrower needs to have savings of at least 5-10% of the cost of housing), violation of deadlines (after preliminary approval of the loan, the future borrower is always given a certain period of time to search for housing and finalize the mortgage), dubious nature of the purchase and sale transaction when there is suspicion of misuse of MSC funds.

“For example, it is unlikely that you will be able to buy an apartment from your relatives (parents, siblings, nephews, etc.). There is no legal prohibition on such transactions, but many lenders set such restrictions to avoid fraudulent schemes for cashing out maternity capital. At the same time, the degrees of relationship for which such restrictions apply are established by credit institutions at their discretion. In AHML, they operate for transactions between spouses, parents and children, full and half-siblings, adoptive parents and adopted children, grandparents,” says Maria Polyakova (AHML).

Thus, law-abiding borrowers with transparent and understandable home purchase and sale transactions should not be afraid of refusals.

Situation 2: an adult child went to work
A second or third child appears in the family, and the first one already earns money himself, and quite well. If you take his income into account when calculating the mortgage loan along with the parents’ income, you can increase the loan amount and buy more living space. Question: can an earning child be a co-borrower on a mortgage with his parents if the apartment is purchased using maternity capital? And in this case, to whom is housing registered?

Here it all comes down to the age of the working child (who, by the way, may no longer be a child at all). As Alexey Sitishev (UniCredit Bank) explains, banks always set the minimum age for borrowers, co-borrowers and guarantors at the time of applying for a mortgage loan. “And minors are not considered as co-borrowers, because the co-borrower is jointly and severally liable with the borrower to repay the debt. How to ask a minor who has not reached civil capacity?” - speaks Irina Markocheva, legal consultant at the real estate agency Kutuzovsky Prospekt CJSC.

By virtue of Art. 21 of the Civil Code of the Russian Federation, civil capacity in full arises with the onset of adulthood, i.e. from 18 years of age, so banks usually start issuing loans only from this age. “And many credit institutions are ready to issue a loan to persons who have reached not even 18 years old, but 21 years old, and sometimes 23,” notes Irina Markocheva.

“Under the terms of Absolut Bank’s loan programs, borrowers can be persons over 21 years of age who have a permanent source of income in the region where the bank operates. Persons under 21 years of age cannot act as borrowers and are not allocated property,” he gives an example Galina Kostysheva, head of the mortgage lending department at Absolut Bank.

Therefore, if an earning child has reached the minimum age specified in the bank’s requirements for borrowers, he may well become a co-borrower on a loan, which is issued taking into account MSC funds, but if the child is still too young from the bank’s point of view, he has the opportunity to help his parents pay off the debt on a voluntary basis, without being a co-borrower.

But at the same time, he, like other children, will definitely receive a share in the purchased apartment. According to the law, if maternity capital funds are used to purchase housing, the property must be registered in the name of all family members - the person who received the certificate (usually the mother), his spouse and all children. However, there is one nuance: when registering housing as the property of minors, banks ask for permission from the guardianship and trusteeship authority. But this body, as a rule, does not give such permission: “A mortgage is always a pledge of real estate, which can be foreclosed on. And by virtue of Art. 60 RF IC and Art. 37 of the Civil Code of the Russian Federation, it is unacceptable to carry out transactions that entail a decrease in the property of a minor,” reports Irina Markocheva (“Kutuzovsky Prospekt”). So the guardianship authorities do not give consent, fearing possible problems and the sale of the mortgaged property, which will leave minor owners without housing. There are only exceptions in the Social Mortgage program. In other cases, parents give a written obligation to register it as the property of all family members within 6 months after the encumbrance is removed from the residential premises. However, if there are children in the family who have already reached the age of majority (no matter whether they are earning money or not), then they become owners of shares in the apartment together with their parents immediately after purchasing the home.

Situation 3: altruists will be allowed to become co-borrowers
The family decided to buy a home with a mortgage and use maternal (family) capital for this, but the income of the spouses does not allow them to purchase the property they want. At the same time, they have close relatives who are ready to act as co-borrowers. Question: if an apartment is purchased using maternity capital, can relatives of the MSC administrator (for example, mother, father, brothers, sisters, cousins, aunts, etc.) act as co-borrowers on the loan? Can strangers be co-borrowers? In such cases, to whom is the apartment registered?

“Co-borrowers under a loan agreement can be any person who meets the bank’s requirements, not even relatives,” says Irina Markocheva (Kutuzovsky Prospekt). There are mortgage programs on the market that allow you to attract 2-3 co-borrowers who do not have family ties. “For example, under the terms of the AHML Maternity Capital loan product, spouse borrowers can additionally attract two more borrowers, and it is not necessary to be related to them,” says Maria Polyakova (AHML).

“However, banks often limit the circle of persons who can act as co-borrowers under a loan agreement, and do not allow them to be persons without family ties or more distant relatives, in addition to parents and children,” notes, however, Alexey Sitishev (UniCredit Bank").

In addition, if maternity capital is involved in mortgage lending, co-borrowers (except spouses) should be a little altruistic: they will pay the loan, but will not receive home ownership. “According to the law, an apartment purchased using maternity capital funds must be registered as the common property of parents and children with the size of their shares determined by agreement immediately upon purchasing the apartment or no more than 6 months after full repayment of the mortgage loan and removal of the encumbrance,” explains Alexey Sitishev, “therefore, both co-borrowers who are relatives (except for spouses and adult children) and co-borrowers who are not relatives will have to give up their share in the apartment.” Only under this condition will it be possible to use MSK funds, but not all co-borrowers are ready to take this step.

“Therefore, in practice, only the following option is common: when receiving a mortgage loan with the participation of MSK funds, the borrower and co-borrower are spouses, i.e. parents of a child whose birth (adoption) allowed them to receive maternity capital,” says Nikolai Altunin (Promsvyazbank).

“Moreover, both parents who are officially married must become co-borrowers without fail. But, however, the main borrower can be either the spouse, who is mainly the recipient of maternity capital, or the spouse, for example, if at the time of applying for the loan the child’s mother does not have a confirmed income,” adds Maria Polyakova (AHML).

“In this case, the purchased housing is first registered as the property of the spouses, but they give a notarized obligation to transfer the shares of the apartment into the ownership of the children after repayment of the loan,” reports Nikolai Altunin (Promsvyazbank). This has to be done because many banks, despite the fact that this is not officially stated, are against giving children shares of ownership in purchased housing, because the presence of minors among the owners creates additional risks for credit institutions: in the event of a borrower’s default, such real estate will be very difficult implement due to the intervention of guardianship authorities.

Situation 4: is it possible to repay someone else’s loan with MSK funds?
The family lives in an apartment purchased with a mortgage, but not by spouses, but by their relatives (for example, their parents, sisters, brothers, aunts, etc.), accordingly, relatives are also borrowers on the loan. And now a second child appears in the family, and with him the right to maternity capital. Question: is it possible in this case to repay part of the mortgage loan debt with the help of maternity capital?

If we leave everything as it is: relatives are loan borrowers and homeowners, and the family simply lives in an apartment, then, alas, it will not be possible to use maternity capital to pay off the debt: “If the loan borrower (and the owner of the property in this case) is not For the holder of a certificate for MSK or his spouse, it is not acceptable to repay part of the debt with maternity capital, says Alexey Sitishev (UniCredit Bank). “This is possible only if the owner of the apartment, with the consent of the creditor bank, re-registers ownership of it and transfers the debt on the loan to the spouses (or one of them) who have the right to maternity capital.”

But there is another very non-trivial way: “The owners of a certificate for maternity capital can be not only the parents of the child, but also his adoptive parents. Therefore, if relatives (grandmother, uncle, aunt of the child and others), who are homeowners and loan borrowers, adopt a newborn child in accordance with the law, then they will be able to receive a certificate for MSK and use these funds to pay off the mortgage,” says Nikolai Altunin (Promsvyazbank). Here, however, there are also nuances. Firstly, the family of relatives must already have at least one child (after all, the right to MSC funds gives the appearance of a second, third, etc. child in the family), but the right to maternity capital should not be used (the family could have received a certificate at the birth of your second child). And secondly, it is not so easy to adopt a child with living, capable parents.

Situation 5: is it possible to build a house with the help of a loan and capital?
The family does not want to spend maternity capital funds on buying an apartment, but wants to build an individual house with their help. But their own savings and MSK are not enough, so the family is thinking about a mortgage. But do banks have products that allow you to use maternity capital as a down payment on a loan to build a house?

“Unfortunately, today not many banks generally provide loans for the construction of an individual residential building, much less using maternity capital funds, although the law allows for the possibility of using maternity capital to repay or receive a loan issued for housing construction,” says Alexey Sitishev ("UniCredit Bank"). Thus, there are no legal obstacles to the development of appropriate mortgage products, but for now banks agree to accept maternity capital as a down payment mainly only when purchasing housing on the secondary market or in. Moreover, in the first case, real estate can be an apartment or a country house, and in the second, as a rule, only urban housing. In general, we can only hope for the future.

The law of the Russian Federation stipulates that targeted funds allocated by the state at the birth of a second child are allowed to be used when the child reaches three years of age. But there is a clarification to the law that you can pay off a mortgage loan with maternity capital if the child is under 3 years old.

All about whether it is possible to pay for my husband’s mortgage with maternity capital

According to the law of the Russian Federation, all property acquired during marriage is divided equally between spouses. The only condition is that the husband must provide the bank with an official document certified by a notary, which states that within 6 months after depositing the certificate to repay the loan, the borrower is obliged to allocate shares to the children in the apartment that is on loan.

The husband took out a loan before the official marriage. If the spouses were not officially registered before signing the loan agreement, then it is also possible to repay the husband’s mortgage with funds from maternity capital. If at the time of depositing the certificate the family is registered, then this type of use of the subsidy takes place.

UniCredit Bank, Bank of Moscow, Alfa Bank, Promsotsbank, Nomos Bank, Sberbank and VTB-24 offer separate products for owners of family capital. The latter two programs are the most popular;
DeltaCredit Bank offers mortgages from 5% per annum. Maternity capital can be used for both the down payment and the payment of a previously issued loan.
Raiffeisen Bank offers mortgages with capital for 1-25 years for completed and under construction housing.

Is it possible to get a mortgage with maternity capital?

Mat capital can be spent on monthly mortgage payments or to pay interest on it. You can use the certificate to pay only the amount of money charged for payment.
If, as a result of delay, the bank has imposed penalties, then it is impossible to repay them with mat capital funds; you can only use cash.
If the mortgage was taken out by the father of the children, and the mat certificate was received in the name of their mother, then the funds from it can in any case be used to pay off the mortgage. The main thing is that the whole family is registered in the apartment, room or house, and the real estate itself must be located on the territory of the Russian Federation.

Maternity capital, mortgage for husband

After submitting all the necessary documents, the mortgage debt and interest can be paid 2 months from the date of application. If the borrower plans to pay for the purchased housing, then the waiting period will be 15 calendar days from the date of filing the application with the Pension Fund.

How to pay off a mortgage with maternity capital

Interesting to know! Allocation of shares to common children is considered the main responsibility of the husband, after repaying the mortgage. The allocation of a share to the spouse whose maternity capital was used is not considered the spouse’s responsibility and she does not have the right to be considered the owner of the acquired property (apartment).

Is it possible to pay off my husband's mortgage with maternity capital?

In order to pay off the husband’s mortgage with maternity capital, it is necessary that the marriage be officially registered. If the marriage is civil, then it will not be possible to pay off his debt. With MK funds, a wife can only pay off her own mortgage, if it was previously taken out.

Metrinfo.Ru magazine has talked more than once about maternal (family) capital and the fact that its funds can be used to buy a home with a mortgage or to pay off an existing debt, as well as how to do this correctly. However, life situations can be very different and often not at all “classical”, so holders of the relevant certificates always have enough questions, and this time, with the help of experts, we decided to answer at least some of them.

Mortgage for maternity capital

Maternity capital is a government subsidy issued at the birth of a child. Its size in 2012 was 387.6 thousand rubles, and in 2013 it will reach 408.96 thousand rubles. In fact, a mortgage for maternity capital exists in two forms:

How to get a mortgage using maternity capital

Interest rates under this program are set at 12 percent per year.
There is a minimum limit on the loan amount - from 45 thousand rubles.
The maximum loan period is thirty years.
The very first payment can be made at a small rate - 10% of the cost of housing.
When completing the procedure, the client does not need to pay commissions, and there is also the possibility of early repayment.

Rules and options for obtaining a mortgage with maternal capital

When applying for a mortgage for which maternity capital will be used, it is extremely important that the property is registered in equal shares for all family members. Not every lending company prefers to work with a certificate, so before taking out a loan, you should make sure that it can be used.

How to properly apply for a mortgage using maternity capital

Maternity capital cannot be spent on any needs not provided for by law. It should be noted that at the beginning of the launch of the program, maternity capital money was perceived by many negligent parents as simply a “gift” from the state that could be spent. However, the system of levers established by the state program clarified the mechanism for receiving and disbursing funds. As of today, starting from the opening of the state program, about 60% of young families have used maternity capital specifically for the purpose of repaying a loan (mortgage).

Maternity capital and mortgage: we analyze non-standard situations

But it is worth noting that whatever the reason for the refusal, you can defend your rights: “The fact of refusal is not critical and can be appealed to a higher body of the Pension Fund of the Russian Federation or in court in the prescribed manner,” notes Alexey Sitishev (UniCredit Bank) . If the borrower is able to prove that he is right and has the right to use maternity capital, the money will definitely go to the bank.

Sberbank programs: mortgage for maternity capital

The use of maternity capital to pay for PV is allowed. But in practice, a problem arises, since the Pension Fund does not transfer money without a signed loan agreement, and all agreements, in turn (according to the standard procedure), are signed after making a contribution.

How to take out a mortgage using maternity capital: let’s get acquainted with the general rules and possibilities of use

As mentioned above, not all banks welcome clients who want to make maternity capital in the form of a down payment on a mortgage or use it to repay a loan. You can decide on a bank by contacting available institutions. It should be taken into account that Mainly large banks cooperate, which have been operating for a long time and throughout the Russian Federation, such as: Sberbank, VTB, etc.