Last update 05/08/2019

Owners of maternity capital certificates more often use these funds to improve their living conditions. Since this money is government money and it has a designated purpose, there are a number of restrictions associated with this.

Clause 4 of Law No. 256-FZ dated December 29, 2006 “On additional measures of state support for families with children” (hereinafter referred to as No. 256-FZ) establishes that the purchase of housing using maternity capital is registered as the common property of children and parents. Each family member should receive their share:

• husband and wife;
• children born (adopted) before and after the purchase of an apartment or house. Adult children too.

If the property was registered in the name of the parents, and one of the spouses refuses to allocate a portion to the children, then the court will force him to do so. All these measures protect the rights of the child to receive living space purchased with public funds.

How is this obligation fulfilled?

There are two main situations for allocating shares:

1. Buying an apartment for cash. They are allocated immediately when drawing up a sales contract, i.e. shared ownership is registered.
2. Construction, reconstruction of a house, purchase of an apartment in a cooperative or with a mortgage. Issued within 6 months after receipt of the certificate of ownership.

Part of the property is allocated by the family member or members in whose name the property is registered:

• if the owner is one spouse, then he allocates the property to the second spouse. They then endow the children together;
• if the owners are both parents, then they immediately give part of the property to the children;
• If ownership of the property is joint, then it is first transferred to shared ownership. Then each spouse shares a share for the children.

The share allocation stage is carried out after:

1. Repayment of a mortgage loan and removal of encumbrances on real estate.
2. Making the final payment under an installment purchase agreement.
3. Obtaining a cadastral passport when building a house.
4. Obtaining an extract from the Unified State Register of Real Estate for a property during reconstruction.
5. Final contribution to the housing cooperative.
6. Signing the purchase and sale agreement and settlement with the seller.

In what proportions are the shares allocated?

Law No. 256-FZ does not contain instructions in what proportions property should be distributed among family members. In the Housing Code of the Russian Federation, in Articles 105 and 106, there is a fixed standard of housing for 1 person in a dormitory and flexible housing - 6 square meters. Regional departments rely on this indicator when establishing sanitary standards for housing. The Housing Code has two more concepts of housing standards: provision and accounting. In both cases, specific figures are adopted at the level of constituent entities of the Russian Federation. In the first case it is 17-18 square meters per person, in the second - 10-15.

In practice, there are 3 main approaches to determining the share:

1. By the number of family members. For example, 1/4, 1/5, 1/6, etc. Equal shares are made when real estate was purchased only with maternity capital funds. But such cases are rare and occur in small towns where real estate prices are low.
2. When allocating shares, you can rely on sanitary standards. Those. the total expression of each part must be at least 6 square meters.
3. The share of children is calculated as a percentage of the price of the apartment. For example, an apartment costs 4.5 million rubles, of which 453 thousand are maternity capital, which is 1/10. If there are 2 children in a family, then their shares are 1/20, and the parental share of 9/10 is distributed between them by agreement.

It is advisable to take this point into account. The share of an adult is established with his consent. When purchasing another apartment, the property of the children in it cannot be less than the existing one.

But still, neither the Pension Fund nor the guardianship authorities will make claims regarding the size of the allocated parts. Parents and their adult children decide what the final proportions will be.

How to register a share for children

Can be done in two ways:

1. Through a gift agreement from a parent (parents) to children;
2. By drawing up an agreement.

Each case is described in more detail below.

Share agreement

It is convenient to make an agreement on the division of property when it:

• in common joint ownership;
• owned by one parent;
• individually owned by a single parent.

The execution of an agreement on the allocation of shares of all samples is done by a notary. For this you need documents:

• Marriage certificate;
• certificate of registration of ownership or an extract from the Unified State Register of Real Estate confirming the removal of the encumbrance;
• a copy of the notarial obligation on the allocation of shares.

The process of allocating part of the property includes the following stages:

1. Division between spouses of joint property that is in common joint ownership or individual property of one of the parents.
2. An agreement on the division of common property may be part of an agreement on determining the shares of all family members in housing purchased with capital.

There are a number of features of the division of joint property between spouses:

• real estate purchased during marriage under Articles 38, 39 of the Family Code is joint property if there is no marriage contract;
• the family code recognizes the equal property rights of parents;
• Maternity capital has a target value and is included in the joint property of the parents. In the agreement on the allocation of shares, it would be correct to take into account that the maternity capital funds belong equally to all family members;
• The allocation of property to children is formalized by a separate agreement or as part of an agreement on the division of property, in which it is necessary to indicate in what proportions the property is entitled to them.

The alienation of allocated shares in the property of children occurs in accordance with Article 42 of the Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate” (hereinafter referred to as the Law on State Registration). During one visit, the family can immediately draw up an agreement on the allocation of shares and the alienation of property rights.

There is one situation when the agreement is not subject to registration with a notary - if the mother of the children is unmarried and an individual owner of the apartment. From a legal point of view, she does not dispose of her share, but initially alienates part of her property. The provisions of Article 42 of the State Registration Law do not apply to such a transaction.

Share donation agreement

You can donate shared ownership in cases where:

• housing - shared property of spouses;
• the children's mother is unmarried and she is the sole owner of the property;
• under the terms of the marriage contract, the property becomes the property of one of the spouses in full.

The agreement for the donation of shares is drawn up by a notary. To do this, parents and adult children need to come to the notary service and submit documents:

• passports of parents and children over 14 years of age;
• birth certificates of children under 14 years of age;
• Marriage certificate;
• property purchase and sale agreement, DDU, cadastral passport;
• certificate of registration of ownership or extract from the Unified State Register of Real Estate.

If each parent gives shares, then two separate documents are drawn up on behalf of each of them. For example, a mother gives a share to one child, and a father gives a share to the second. If the donor is one person, then one deed of gift is drawn up, which lists all other family members.

According to Article 574 of the Civil Code of the Russian Federation, a gift agreement is subject to mandatory registration with the Rosreestr authorities. Therefore, the allocation of a share is possible after two registrations:

• the most gift-giving;
• transfer of ownership rights to family members who are given shares.

This is confirmed by an extract from the Unified State Register of Real Estate. Children receive the right to dispose of their share after 18 years of age.

The law provides: when transferring shares of real estate to minors, an authorized representative must sign documents on their behalf. This could be a second parent or guardian. As in our example, when a mother gives a share to her first child, the father signs for him. And when the father gives a share to the second child, the mother signs for him.

But if a woman does not have a spouse, then who will accept the shares on behalf of her children. Article 182 of the Civil Code prohibits the registration of transactions where the same person represents both parties to the contract. If there is no second parent, then the interests of the child are represented by:

• child protection;
• the child himself is over 14 years old, when the contract states that he is acting with the consent of the mother (legal guardian);
• another person to whom the mother will transfer the right to sign under a notarized power of attorney.

Any document: agreement or deed of gift is drawn up in such quantity that each participant in the transaction has a copy, 2 more for the notary and Rosreestr. For example, for a family of 4 people, the total number of contracts is 6.

Allocate a share from a notary

After amendments were made to the Law on State Registration from January 1, 2016, all transactions involving the alienation of shares of real estate are subject to notarization. Therefore, the agreement on the division of property, the agreement on the allocation of shares, and the deed of gift are drawn up and certified by a notary.

For parents, the price of notary services plays a big role in choosing the form of transferring property rights to their children.

The Department of Tax and Customs Policy of the Ministry of Finance of Russia, in a letter dated October 11, 2016 No. 03-05-06-03/59079, explained that the notary fee for certifying an agreement on the division of property is 500 rubles. When such a document is part of an agreement to determine the shares of parents and children on property purchased at the expense of maternal capital, then the tariffs are summed up. The total price of the contract is 1000 rubles.

The gift agreement belongs to the category of transactions that are subject to evaluation. According to Article 333.24 of the Tax Code, the state duty is 0.5% of the contract amount. The amount cannot be less than 300 and more than 20,000 rubles. For example, an apartment is valued at 4.5 million rubles, the state fee for notarial acts will be 22,500 rubles, which is more than the established limit. This means that the state duty will be 20,000 rubles.

Notaries have the right to charge money for technical and legal work. Prices are set by the Federal Notary Chamber for all constituent entities of the Russian Federation. For certification of a contract for registration of housing purchased with maternal capital into shared ownership of parents and children in Moscow they charge 5,000 rubles, in Arkhangelsk - 7,807 rubles, in Yekaterinburg - 4,880 rubles. Interested parties can view the tariffs on the department's website.

To evaluate the contract, the value of the property is taken as a basis:

• inventory,
• market;
• cadastral

When these estimates are different in the documents, the state duty is calculated according to the lower of them.

If the mother is the only owner of the home

If housing purchased for maternal capital is registered in the name of the mother of the children. Then she should:

• share property with your husband if you are officially married to him;
• allocate shares to children by agreement or deed of gift without division of property, if she is not married.

If a woman divorces before the encumbrance on the apartment is lifted, this does not exempt her from allocating a share to her ex-husband. However, an apartment purchased with maternity capital after a divorce is divided only between the mother and children.

Russian legislation does not allow non-Russian citizens to receive maternity capital. When a woman is a citizen of Russia, and her husband is a foreigner, she has the right to receive maternal capital and dispose of it. Further, in Article 10 No. 256 - Federal Law there is no clause on the citizenship of the second parent. Quote: “... is registered as the common property of the parents...”. Therefore, a woman is obliged to allocate a share to her husband-parent of children, regardless of his citizenship.

If the housing is in common ownership

Common joint property is what the spouses acquired during marriage. Before

When allocating a share to children from such property, it must be divided according to the rules of the Family Code:

• in equal parts;
• in different shares under an agreement on the division of property with the mutual consent of the spouses;
• by concluding a marriage contract;
• by a court decision in a dispute between spouses.

If a house is being built or reconstructed

When maternity capital funds are used for the construction or reconstruction of a house, before transferring the funds, the Pension Fund requests the spouses’ commitment to subsequently allocate shares to the children. This is due to the fact that it is impossible to register ownership of a building under construction and immediately allocate shares. And during reconstruction, the building receives new technical characteristics, which create the conditions for registering ownership of the new house. This means that during reconstruction it is impossible to immediately allocate shares.

Within 6 months from the date of receipt of the cadastral passport for a built house or an extract from the Unified State Register for a reconstructed house, the parent who agreed to the division of property must divide the property with the second spouse. Then they give shares to the children. The processes are no different from allocating a share in an apartment. The land on which the house stands is subject to division between family members according to the Land Code. Alienation of shares of a land plot does not require notarization. It is enough to draw up a simple written agreement, which, together with all documents, is submitted to Rosreestr when registering property rights.

If the apartment is purchased in a cooperative

The allocation of shares when purchasing an apartment in a housing cooperative has no special features. As when buying an apartment with a mortgage, a member of the cooperative gives the Pension Fund an obligation to allocate shares to family members.

After paying the last installment and receiving the allocated apartment, the person who gave the commitment first divides the property with the spouse, if he has one. Then the two of them give shares to the children. If a member of the cooperative is a single parent, then he immediately establishes children's shares when registering property rights.

When an obligation does not need to be formalized

Article 10 of Law No. 256-FZ identifies cases when the holder of a maternity capital certificate is required by the Pension Fund to provide an obligation to allocate shares to family members:

• the apartment or house was purchased with borrowed funds;
• a house is being built;
• The house is being reconstructed.

When a home is purchased using part of the family’s own cash and maternity capital, the share of each family member is specified in the purchase and sale agreement. This means that parents are not required to have a notarial obligation to allocate shares. The pension fund immediately sees that parents are complying with the law by indicating the children’s shares in the purchase and sale agreement. This way the children gain ownership of their share. The pension fund transfers maternity capital to the seller upon receipt of such a document.

Is it possible to allocate a share to children in another apartment?

When an apartment is purchased using maternal capital funds, the state believes that parents will allocate shares to their children in this particular property. After all, when registering an obligation, the notary writes down all the characteristics of the property being purchased.

If the family intends to sell such an apartment and buy a new one during those 6 months when shares need to be allocated, the parents are obliged to fulfill the obligations. Having sold an apartment without the children's share, the transaction becomes risky and is declared invalid at the first inspection by the guardianship authorities, the Pension Fund or the Prosecutor's Office.

Parents are required to first allocate shares to their children, then obtain permission from the guardianship authorities to complete the transaction and allocate shares in the new property.

The statute of limitations for children filing claims regarding the sold apartment, where they should have been allocated a share, is three years after reaching adulthood. According to the claim, they can receive the due share or compensation for the price of this share.

Conclusion: it is impossible to allocate shares to children in another apartment.

What happens if the share is not allocated?

Law No. 256-FZ does not contain an article on the responsibility of parents for failure to allocate shares to children when purchasing property at the expense of maternal capital. But this does not mean that there is no responsibility.

In practice, a transaction for the sale of property in which shares have not been allocated is recognized as voidable and invalid. The property with the allocation of shares is returned to the primary owners, the parents are obliged to return the money to the buyers, and the maternity capital is to be returned to the state. The process starts a trial. The initiator can be any person who learns about the fact of a violation.

Persons who do not comply with the norms of Law No. 256-FZ are recognized as fraudsters and, according to Article 159 of the Criminal Code of the Russian Federation, are subject to:

• a fine of up to 120 thousand rubles or in the amount of annual earnings;
• involvement in correctional labor for a period of 360 hours to 1 year;
• forced labor for up to 2 years;
• suspended sentence for up to 2 years;
• imprisonment for a term of 4 months to 2 years.

Actions to not allocate shares can also be interpreted as criminal inaction. There is no specific article for this in the Criminal Code, so the judge chooses the punishment based on the consequences of inaction.

Inspections of compliance with the law on the use of maternal capital are carried out by:

• guardianship and trusteeship authorities;
• bodies of the Pension Fund;
• prosecutor's office

Any methods of cashing out maternity capital are punishable by Article 159 of the Criminal Code.

Main thoughts

1. The use of maternity capital to improve housing conditions involves allocating a share in housing to each family member.
2. The obligation to allocate a share must be fulfilled within 6 months from the date of registration of the transaction, removal of the encumbrance, construction or reconstruction of the house.
3. The law does not establish in what proportions shares should be allocated. Parents make their own decisions.
4. The allocation of shares occurs by agreement or deed of gift. Both documents are subject to notarization. If the only parent has sole property, a notary is not needed.
5. Common property is subject to division before allocating shares to children.
6. The amount of state duty for notarial acts is 500 rubles for each agreement on the division of property and the allocation of shares or 0.5% of the value of the gift agreement (not less than 300, not more than 20,000).
7. Additional expenses at the notary include payment for legal and technical work; each subject of the Russian Federation has its own prices.
8. A share is also allocated to the foreign spouse.
9. The share is not allocated to the spouse if the woman purchased housing after the divorce.
10. You cannot allocate shares in another apartment.
11. Compliance with the law is monitored by the Pension Fund and guardianship authorities with the participation of the Procurator.
12. The sale of an apartment in which shares were not allocated is considered voidable and invalid.
13. Maternity capital used for other purposes or in violation of the law must be returned to the budget.
14. Any actions that lead to a violation of Law No. 256-FZ in terms of improving housing conditions are considered fraudulent and criminally punishable. This is punishable by a fine, correctional or forced labor, a suspended or real prison term.

In housing that was purchased or built using maternity capital funds, it is necessary to allocate shares to all family members. Property is by agreement between spouses, that is, the children’s shares may be less than those of the parents. Sometimes it is impossible to register ownership immediately after disposing of the capital; in such cases, the Pension Fund requires the provision of a notary document.

You can allocate shares to your spouse and children in one of the following ways:

Real estate acquired with maternal (family) capital (MSC), in which shares are not allocated to all family members, will no longer be cannot be sold or exchanged. Such actions will be considered aimed at unjust enrichment, and damages will be recovered from the citizen for the harm caused to the state.

Distribution of property when using maternal capital

In Federal Law No. 256-FZ of December 29, 2006 on support for families with children, there are no instructions on how this should happen distribution of shares in housing, paid for with maternity capital funds. Thus, the share of each of the parents and children is determined by the spouses independently, by agreement.

Since the size of the minimum or maximum share is not established, the property of the parents may exceed the property of the children. In the future, it will be much easier to exchange such real estate, especially if a mortgage agreement is drawn up. If children have large shares, this is more difficult to do; banks prefer to avoid transactions in which the collateral is housing with minor owners.

By agreement, “ideal” shares are transferred, that is, those not allocated in kind. These shares are not tied to a specific room in the home and are “abstract” (1/2, 1/4, 1/5, etc.).

The following factors should be considered when allocating:

• It is advisable for a child to allocate ideal lobes of at least one size accounting norm(when converted to square meters), valid in a specific region. The average norm in Russia is 9-12 m2.
• Although such a requirement is not stated at the legislative level, shares should be allocated based on the ratio amount of maternity capital spent to the cost of the purchased housing. For example, if the property was purchased (built) only using the funds from the MSK certificate, and a family of 4 people will live in it, then the size of the ideal share should be 1/4 of the area. In housing worth 1.5 million rubles (that is, the capital covers a third of the cost), the minimum share for each member of the same family will be 1/12. Without complying with this requirement, notaries may refuse to formalize an agreement on the allocation of shares.

Obligation to allocate shares

Conclusion obligations to allocate shares in housing purchased or built with MSC money, all family members are provided for by Decree of the Government of the Russian Federation No. 862 of December 12, 2007 on the rules for allocating maternal capital to improve housing conditions.

The pension fund requires the provision of an obligation when:

1. The property is not registered as a common shared property of parents and children, namely:
2. Ownership of housing cannot be registered at the time of filing an application for disposal with the Pension Fund.

The obligation is drawn up in notary office. When drawing up the document, all the circumstances of the purchase of housing are taken into account and the condition is indicated under which the period (6 months) for the allocation of shares to all family members will begin to count.

The cost of issuing a commitment may vary in different regions. On average, the amount of the service is from 500 to 1500 rubles.

Allocation of shares to children after repayment of the mortgage with maternal capital

Maternity capital funds can be used to purchase housing. Certificate money can be used as payment of the down payment, and for repayment principal or percent. It does not matter when the loan was received - before the birth of the second or subsequent child or after.

After repaying the mortgage with maternity capital, shares for each family member must be allocated within 6 months after the encumbrance on the property is removed.

When the mortgage debt is fully paid, it is necessary to obtain a certificate of absence of debt and contact Rosreestr to remove the encumbrance and register ownership (the applicant will be issued an extract from the Unified State Register of Real Estate). Then you need to allocate shares to the children in one of the following ways:

If no agreement has been reached between the parents or one of them avoids signing the agreement, then the shares will be allocated through the court. In practice, it has developed that the court, guided by the norms of civil law, grants all family members in equal shares.

Purchasing an apartment under an equity participation agreement (DDU) or through housing cooperatives (LCs)

When sending MSC to a DDU or when joining a residential complex, the certificate funds can be spent as follows:

• for payment participation agreement prices in shared construction;
• for payment entrance and (or) share payment to a housing cooperative.

Along with the application for an order to the Pension Fund, you must provide. At the time of transfer of maternity capital funds, the property will not yet be put into operation, which means that shared ownership of it cannot yet be registered.

An agreement on participation in shared construction is usually concluded with one of the spouses. After putting the property into operation, the housing is first registered as the property of one of them, and shared ownership is registered only after that. Therefore, the obligation includes a condition upon the occurrence of which the owner undertakes to allocate shares to the spouse and children.

When building or renovating a house

When directing maternity capital to or always compiled obligation to allocate shares. This is due to the fact that common property cannot be registered for housing at the time of filing an application for disposal, since:

• the individual housing construction project (IHC) has not yet been built (completed);
• in the case of reconstruction, the individual housing construction project upon completion of the work will have different technical characteristics. Ownership is registered for an already completed object.

The obligation to allocate shares must be fulfilled in 6 months after completion of construction and commissioning of the house. Just as in the case of paying off a mortgage, shares in a built house can be allocated by concluding an agreement or deed of gift.

It should be noted that shares will need to be allocated not only in the premises itself, but also in the land plot. There are no such instructions in the federal law on maternity capital, however, in Art. 35 of the Land Code states that the alienation of a building must take place along with the land plot. Since a construction permit is issued only to one of the spouses, the ownership will initially be registered in his name, and further allocation of shares will be considered an alienation transaction.

Share distribution agreement

It is preferable to allocate shares in housing purchased with maternity capital funds according to share distribution agreement. If in the future the family has more children who can also claim shares, the property can simply be redistributed. You can also issue gift transaction, however, it cannot be canceled. That is, parents will be able to allocate shares to their next children only from their property.

Law No. 256-FZ on maternity capital does not require notarization of the agreement on determining shares. However, according to Art. 42 of Federal Law No. 218-FZ of July 13, 2015 “On state registration of real estate...” all transactions with registration of rights common property for real estate are subject to notarization (with the exception of transactions with the property of a mutual investment fund).

In the case of maternal capital, this is true if the owner is one of the parents or the housing is registered as their joint property. Then the selection occurs according to the following scheme:

1. Shares first allocated to spouses. This can be done by agreement on the division of property acquired jointly during marriage (according to Article 38 of the RF IC), which is also subject to registration with a notary, or by concluding an agreement on the distribution of shares with the appropriate provision (i.e. shares will be allocated to all family members at once ).
2. Then, from the common property of the spouses, shares allocated to children.

However, if housing purchased or built with funds from the MSK certificate is located in individual property(for example, if the mother is the only owner and she does not have a spouse), then the agreement on allocating shares to children does not need notarization.

To formalize the agreement, the notary must provide the following documents:

• Passport.
• Title documents for housing (purchase and sale agreement, participation in shared construction, etc.).
• A document confirming state registration of ownership of real estate.
• Marriage certificate.
• Birth certificates for all children.
• A copy of the notarial obligation to allocate shares to children and spouse.

How much does it cost to allocate shares to children based on maternity capital from a notary?

Size state fees for notary services for certification, the agreement on the allocation of shares is regulated by Art. 333.24 of the Tax Code of the Russian Federation. According to clause 5, the tariff for certification of contracts, the subject of which is subject to assessment, is 0.5% of the contract amount(housing costs). This value cannot be lower 300 rubles and more 20,000 rubles. It is also necessary to pay for legal technical services (notaries set their own prices).

When calculating the state duty, the contract amount indicated by the parties is accepted. However, it cannot be lower than one of the following costs (the payer chooses independently):

• inventory;
• market;
• cadastral

If several documents indicating the value of the property were provided, the smaller one is selected to calculate the fee.

It is also worth considering the provisions from the letter from the Ministry of Finance dated October 11, 2016 No. 03-05-06-03/59079 on the amount of state duty when registering real estate acquired with maternity capital funds as common shared ownership. It states that a fee in the amount of 500 rubles- the same as for transactions the subject of which is not subject to assessment (clause 5, article 22.1) of the fundamentals of the legislation of the Russian Federation on notaries.

However, in practice, notaries offer to certify the agreement as deal with valuation, without taking into account the Letter of the Ministry of Finance.

Agreement on the allocation of shares in maternity capital: sample 2019

There are two types of agreement on the allocation of shares in maternity capital:

1. With the initial registration of real estate into the common property of the recipient of the certificate and his spouse (without the need to draw up an agreement on the division of common property acquired during marriage).
2. With the transfer of housing into common ownership without the allocation of shares (without the initial allocation of shares to spouses).

The agreement must indicate the following information:

• Date and place of the transaction.
• Full names of the parties to the agreement, their passport details and registration addresses.
• Children's full names, dates of birth, series and number of birth certificates. If you have a passport - passport details.
• Description of the property and its address.
• Type of ownership (joint or shared), as well as the size of shares of the current owners.
• The name of the title document and its number.
• The size of the shares of all family members, the conditions for their distribution.
• Conditions for possible redistribution of property in the future.
• Signatures of the participants.

Registration of property rights for spouses and children

After an agreement on the distribution of shares has been concluded, it is necessary to register ownership spouse and children in Rosreestr. There is no need to register the agreement itself; only the transfer of ownership from parents to children is subject to state registration.

The procedure takes place in the following order:

1. Certificate of agreement from notary.
2. Payment for registration of an individual’s rights to real estate (according to clause 22 of Article 333.33 of the Tax Code of the Russian Federation, the amount of the state fee will be 2000 rubles).
3. Submission of documents to Rosreestr. Registration will take no more than 5 working days.

Information about ownership will be entered into the Unified State Register of Real Estate - EGRN.

To register property rights, it is not necessary to contact the Rosreestr office directly. Documents can be submitted to the branch Multifunctional center, send by mail, and also do it remotely through the portal public services or Rosreestr website.

Donation agreement

A donation of a share is a gratuitous transfer of part of the ownership of real estate to another person. Previously, the priority way to allocate a share was to conclude a gift agreement, since the provisions on such transactions are clearly regulated in the Civil Code of the Russian Federation. In 2019, more and more families are entering into an agreement on the distribution of shares, as it allows them to redistribute property in the future.

The donation can be formalized as follows:

• By conclusion two separate contracts, in this case, shares for the children will be allocated from the property of each parent.
• One deed of gift:
  • If the mother is not married, in this case a document is drawn up indicating the donees (children) and the size of the share for each of them.
  • When concluding a marriage contract with a spouse, under the terms of which the purchased housing becomes the property of the woman, under one contract the property will be allocated to both the children and the husband (according to the law on maternity capital, the spouse still has the right to a share, and this part of the property must be allocated to him ).

Since 2016, the registration of a share donation agreement can be carried out by notary only.

Maternity capital is funds that can be used not only when buying an apartment.

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We will determine whether it is possible to buy out, using such funds, a share of the premises and how to allocate part of it to the children. What features are worth knowing in 2020?

Acquiring a share in an apartment using maternity capital is not always a realistic process. You need to familiarize yourself with all the nuances of the legislation if you want to make such a transaction.

Let us dwell in more detail on all aspects relating to the share of housing under maternity capital.

Basic moments

When using maternity capital to purchase real estate, many people think that they are not violating the laws of the Russian Federation.

But this is not always true. In order not to get into trouble, it is worth understanding the basic rules that were established by the government in 2020.

What you need to know

Maternity capital is government assistance provided to young families with children.

Families can receive a certificate only when the child is already 3 years old. But there are cases when you can use funds ahead of schedule (for example, when applying for a mortgage).

Such funds can be spent exclusively on improving living conditions. Maybe:

• purchasing a home on the secondary market;
• purchasing real estate in a new building;
• self-development, housing reconstruction;
• participation in shared construction.

Proof of ownership

There is one condition for using maternity capital - the purchased object must be registered as a common property of the father, mother and child. In this case, the size of everyone’s share is distributed.

Therefore, when purchasing a residential property that was purchased previously, problems may arise.

If the property is still under construction or was registered in the name of one parent (70% of the work has been completed, the housing is in a banking institution, the transaction is registered in the name of a certain person), then it is worth visiting a notary.

They certify the obligation, which implies, after receiving ownership of the property, its division into shares.

Normative base

Citizens can receive maternity capital on the basis.

The obligation to allocate a share in the premises is provided.

Features of property disposal

Families that have a certificate have the right to use it in several ways. But many prefer to focus on the option of improving their living conditions. What should citizens know?

What is the minimum share of ownership according to MK

Legislative documents do not stipulate the size of shares that must be allocated without fail.

The children were given ownership of shares in another house. When children reach adulthood, they have the right to go to court and have such actions declared illegal.

The documents must contain a clause according to which shares can be redistributed if more children appear in the family.

How to divide shares in an apartment with maternity capital? The following may apply for a share of the premises:

• each of the spouses;
• children, even if they are already 18 years old;
• children who will be born after the distribution of shares of the residential property.

Other relatives cannot receive a share of the premises, even if they live in it. After the parents choose the method of allocating the share to their children.

You will need to collect information:

• applications for state registration of ownership rights to part of the premises on behalf of all participants separately;
• agreement on the allocation of shares or other document;
• parents' ID cards;
• certificate confirming registration of ownership;
• payment slips, which will confirm the payment of the required amount as .

If housing is purchased from a relative, you can receive an amount equal to the expenses incurred (not including the amount of maternity capital).

In an ordinary apartment, rooms are rarely allocated as separate property. More often they buy rooms in communal apartments, when each of them has an individual personal account.

Video: mortgage and child’s share

You can buy a room in a hostel (if it is not a special housing facility) or a private house.

Since the PF will transfer funds after the transaction is concluded, the agreement must indicate:

• that the price of real estate will be paid in full or in part by maternity capital;
• deadlines for submitting documentation for the management of maternal capital funds.

Registration of a purchase and sale transaction

Detailed information on this issue is contained in Resolution No. 862. For the transaction to take place, it is necessary:

• have a certificate;
• find real estate;
• conclude an agreement and go to the Pension Fund office to submit an application.

If the Pension Fund makes a positive decision, it is possible to defer the payment of the amount to the seller, which will be 2 months.

Primary requirements:

• the property must be located within Russia;
• you need to formalize the purchase of a separate home, not a share;
• the transaction can be of any form, only taking into account the laws;
• When drawing up an application for the use of material capital, you must write the purpose and amount, and also attach all supporting documentation.

Housing with maternity capital is purchased on the basis of a regular purchase and sale agreement, but with a specified deferred payment.

The document states the following points:

• part of the funds is transferred before signing the agreement (a receipt is drawn up);
• the remaining funds will be transferred later by the Pension Fund;
• ownership of the property will remain with the seller until final payment is made ().

Risk for the buyer - if the Pension Fund refuses to issue funds, then you will have to look for the entire amount yourself, or terminate the agreement with the seller.

If the transaction does not involve the use of a loan, then the actions are as follows:

1. They draw up an agreement by transferring part of the amount.
2. They draw up a certificate at the Rosreestr branch that confirms the ownership rights (they make a note - a pledge by force of law).
3. Maternity capital funds are transferred.
4. They sign (and until this moment the parties cannot dispose of the object).
5. The certificate is submitted by the seller to Rosreestr, removed, and the buyer becomes the full owner.

Providing assistance with maternity capital becomes a serious help for parents in their desire to provide their children with better nutrition, rest, and living conditions.

These funds can also be spent on the purchase of housing in which the child will definitely live.

Such a decision by the state is fair and justified, because a comfortable modern house or apartment will improve the quality of life of a family and will help create the necessary conditions for raising children and caring for them.

You can immediately buy ready-made real estate with these funds, invest it in a residential building under construction, and pay off part of the mortgage with these funds.

There are certain conditions for using maternity capital to purchase and pay for real estate. One of them is allocating a share to children when using maternity capital. The state allocates funds for children, and they have every right to receive a significant share in the new home. This is an important means for their future safety and social security.

ATTENTION! By presenting such a requirement to parents, the state protects the rights and interests of those citizens who are minors and cannot defend themselves.

Share size

While allowing maternity capital to be spent on residential real estate that improves the family’s living conditions, the state, however, does not indicate exactly what share to allocate for maternity capital.

If you look at housing standards for the area per person, you will notice that it is small, only 12 square meters. The sanitary norm is even smaller - 6 square meters, this is the minimum size.

This is a very small area, but it can still be important to anyone if there is a division of real estate for one reason or another. When registering shares, you must not forget about existing regulations.

When buying a house or apartment with sufficient space, you can assign more square meters to your child, because the interests of the children should be above all else for the parents.

Selection process

The allocation of a share, even a minimal one, must be documented so that when the family moves away, during a divorce or after the child comes of age, controversial issues and litigation do not arise. There are two legally legal ways to register a share:

• After an apartment or house has been purchased at the expense of maternal capital and the mortgage has been paid off, you can draw up a document from a notary indicating how much of the property the children receive. The notary is obliged to certify such an important document, which is drawn up as an agreement.
• Another simple option is to simply draw up deeds of gift for the children. According to them, they immediately become the owners of their part of the apartment or house, and after reaching adulthood they will be able to dispose of them at their own discretion.

Receiving a share is associated with certain rights and obligations of the owner. What is the agreement? This document is not drawn up arbitrarily, but according to a standard form.

ATTENTION! A notary can correctly draw up a document, taking into account the requirements established by law.

If the form is violated, or inaccurate or incomplete information is provided, the agreement will simply not be accepted by Rosreestr, it will not be valid . You need to know that the notary will charge a fee for such a service; it can be around 2 thousand rubles.

Is it possible to do without such services? The law allows you to draw up a document yourself and submit it for registration, but in this case there is a high probability of violations in the design.

The deed of gift must also be drawn up correctly, so it is recommended to resort to the services of a notary for its execution.

This guarantees the legal purity of the document that transfers ownership of a significant part of the property. There are some problems in allocating a share under a deed of gift.

Spouses can own shares in the apartment or it can be registered as common property. How to give a child part of the home in the first case?

Parents usually give him part of their property, each. If the property is common, it is first divided between husband and wife, then each also gives a part of it to the child.

This procedure is recommended by lawyers; it is clear and simple.

To carry out the allocation competently and profitably, it is worth obtaining information from lawyers, notaries dealing with this issue, or from Rosreestr.

1. Agreement or deed of gift
2. Both of these documents have serious legal force. Both papers contain common information:
3. Date of document creation.
4. Information about the participants in the process, including passport data and registration address.

Information about the property is indicated, including area, address, etc. You also need to write down what document the property is registered in the name of the applicant. Another important information is the size of the share of each participant in the process.

Such information is indicated both in the agreement and in the deed of gift. Both of these documents need to be prepared for the number of those involved in the transaction. A copy of the document will also be required for registration. The agreement must be signed and certified by a notary.

IMPORTANT! The deed of gift must be signed by the parents and the child who receives a share of the apartment as a gift. Since the child cannot yet sign such a signature due to his age, his parents do it for him.

• It is necessary to correctly draw up an application, according to which part of the housing will be registered to the owner.
• The registration application is accompanied by a passport of each parent. Both original and copy are provided.
• Birth certificates for children will also be required.
• It is necessary to prepare a paper that will confirm the ownership of the housing and the document by which the housing has become the property (purchase and sale agreement, for example).

Since registering a share of ownership in an apartment is a service of a government agency, you will need to pay a state fee for such a service.

Registration

Several authorities are suitable for this purpose. This is the MFC, the territorial branch of the real estate register. All information of interest can be obtained on the websites of these organizations.

These bodies are given a certain period of time to consider the submitted documents, so the MFC will review the documents in about 12 days.

During this period, the allocated shares must be registered and documents must be issued to the applicants. The child's real estate papers will be kept by the parents until the child reaches adulthood.

Is it possible not to do it? The child must be allocated at least a minimum share of ownership in the apartment (maternity capital). Parents cannot violate this obligation.

How are the interests and safety of children protected?

The state carefully controls the use of maternity capital. If parents submit an application to the Pension Fund for the transfer of monetary assistance towards housing, the Pension Fund transmits information about such a transaction to the Unified Register. And the registry will already be waiting for the buyers of the house or apartment to register the child’s share.

If this does not happen for a long period, an audit of the use of maternity capital funds may be initiated. Thanks to maternity capital, children can already own a certain share in an apartment from birth.

Property For Sale

ATTENTION! Selling a home that includes a minor child poses certain difficulties.

Without permission from the guardianship council, parents cannot sell an apartment or house, part of which according to documents belongs to the child.

1. You can try to circumvent the law by citing the fact that the Pension Fund did not send notifications about the impossibility of selling real estate with a child’s share. But most often, such a step leads to big problems; it is not difficult to carry out an inspection and detect the sale of housing purchased with maternity capital.
2. You can register additional housing for the child, in which case he will not be left without housing, and the guardianship authorities will not interfere with the sale of the old apartment.
3. If a new property is purchased with a mortgage, a share is also registered for the children so that their interests are protected.

The child’s share in the new apartment should not be less than what was in the old apartment.

Notification of the Pension Fund

The Pension Fund receives a request to allocate funds from maternity capital for the purchase of housing. He informs the employees of the Unified Register about the upcoming purchase so that control over the registration of the child’s share in the apartment or house can be carried out.

After registration of the share, it is considered that the parents have fulfilled their obligations. But until the children reach adulthood, such real estate cannot be sold.

After registering the share, there is no need to send any certificates or statements to the Pension Fund; they will need to be shown only upon request (if any questions arise).

Punishment measures for parents

There is still no precise indication of the body that exercises control over the allocation of shares in housing purchased with maternity capital. But there is no need to count on impunity.

Even methods of criminal liability can be applied to persons who have committed violations of the law. After all, in all respects this is a fact of fraud. But most often there are such consequences:

• A transaction for the sale of an apartment in which the child’s share should have been allocated will be considered invalid by the court.
• The court can force parents to allocate the due portion to their son or daughter.

The Pension Fund or the child himself when he reaches adulthood can sue the parents. It must be taken into account that even several years of impunity do not guarantee this in the future.

The purchase of an apartment using maternity capital can also be controlled by the board of trustees and guardianship authorities operating in the region. They also have the right to hold accountable those who used child support from the state for personal gain.

Deadlines

If capital funds were used for a mortgage, the child must be allocated a share within six months after the loan is repaid.

Such information is indicated both in the agreement and in the deed of gift. The encumbrance on the apartment will be removed, the mortgage on it will be returned, and no obstacles will appear in carrying out such a real estate transaction as the allocation of a share.