How is maternity capital divided during a divorce? Does the father/husband have the right to maternity capital? How is an apartment purchased with maternity capital divided during a divorce?

Families with two or more children receive payments from the state called maternity capital. Divorce is a fairly common occurrence; sometimes nothing can save a married couple; the spouses cannot get along with each other and decide to separate.

In this case, the question arises of how maternity capital will be distributed after divorce. Let's consider all the features relating to such situations.

During a divorce, husbands and wives often wonder whether maternity capital can be considered jointly acquired property, and if so, how to divide it in half.

How is maternity capital divided in accordance with the law?

The rules of the Pension Fund of the Russian Federation state that maternity capital cannot be divided during a divorce.

It exists in the form of a certificate that only applies to one person (mother or father). The state pays maternity capital in order to support children by providing them with adequate living conditions. Maternity capital is usually awarded to the mother, but the father is also entitled to it.

In the event of the death of the mother, maternity capital is due to the father. In some situations, a man decides to adopt children, then he has the right to receive this payment. If the child's mother is declared dead or missing, the father should receive maternity capital.

If a mother loses rights to her children, she cannot claim any divorce benefits. Often husband and wife are interested in whether maternity capital is considered jointly acquired property. In order to find the answer to this question, it is necessary to study the Family Code of the Russian Federation. Maternity capital is a targeted payment of funds and therefore cannot be divided equally.

Movable and immovable property acquired together is subject to division; this also includes jewelry and valuable interior items. The purpose of paying maternity capital is to improve the family’s living conditions and provide financial support for the child and guardian.

The amount received should help the child get an education; in addition, the funded part of the pension is calculated from it.

Housing purchased on credit with the participation of maternity capital

From the above it follows that maternity capital cannot be divided between spouses after a divorce; payments go to one person who has supported children. In some situations, a couple decides to purchase a home and invest funds from maternity capital. It is important that the housing is registered as a shared cost, in which children should also participate. Upon divorce, each parent will claim 1/4 of the acquired area. Housing with the participation of maternity capital can not be purchased immediately, but on credit.

Divorce is not an easy task. Let's give another example: a husband and wife have decided to divorce, they have a repaid mortgage, in this situation the husband has the right to claim a share in the property.

You should know that if he has this right, the husband can live in the purchased apartment (another living space), since it will be common property. All actions regarding repairs or moving someone in will need to be mutually agreed upon.

It will not be easy to sell this property, since the divorced spouses have children; the issue will need to be agreed upon with the guardianship and trusteeship authorities.

Responsibilities of spouses after divorce

Some men have the idea of ​​giving away their part of the apartment as alimony. In order to implement this option, it is necessary to draw up an agreement. When signing, it is important to be careful and not miss a single moment. Paying alimony is the direct responsibility of the spouse, and the judicial authorities are very wary of non-payers. When giving away a share in property, there is a risk that the husband will have to pay alimony. The ownership of your living space should be transferred to the children; for this purpose, an agreement on the payment of alimony is drawn up.

Suppose a husband and wife bought a home on credit and pledged an amount from maternity capital, while the debt still remained. During a divorce, spouses pay off the debt jointly.

The fact that the funds were invested from maternity capital does not play any role. If the spouses are on good terms, they can agree on who will contribute the money and when.

If there are conflicts and misunderstandings between them, they will have to repay the loan equally.

If it turns out that one of the spouses insistently demands his share in the purchased housing, while refusing to pay the mortgage payment, this can lead to negative consequences, for example, to the sale of the collateral (housing). It is important to consider that this amount will no longer be the market amount, you will receive much less money, and the debts will have to be repaid in any case.

It is advisable to avoid such a development of events. When buying an apartment on credit from maternity capital, you should think carefully and calculate your capabilities; it is better to pay off the debt in advance. The property must be registered in equal shares, the children will also be its owners. If you need to make a transaction with this property, you will need the consent of the guardianship authorities.

Sale of an apartment with an encumbrance

Let's say the spouses do not have enough money to pay off the debt, but they need to pay. You can sell an apartment with an encumbrance, having previously received permission from the Pension Fund and the bank. In a specific situation, the spouse has the right to buy out his share; this sale will be like a transfer of debt under a bank agreement. If a couple has claims against each other, one may illegally refuse to repay the loan. It is important to prove that the loans were taken out for one person, and this is very difficult to do. The bank needs to receive a sum of money that is easier to collect from two people than from one.

It is important to remember that the bank requires loan repayment from all borrowers. One of the spouses may hide and decide not to pay the debt, then the obligation to pay will fall entirely on the other.

If one spouse fulfilled his obligations to the bank and paid the entire amount of the debt, he can demand a sum of money from the defaulter. In some cases, maternity capital funds are spent on housing construction, repairs, and restoration.

In this situation, the fact of investing funds is taken into account, but housing is distributed according to the general norms and rules that are set out in the Family Code.

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Maternity capital during divorce

Maternity capital (certificate) is issued to a mother who has given birth to her second and subsequent children (adopted children are also treated as such). A specifically established amount, which is subject to annual indexation, is provided as assistance not to children, but to the entire family. Thus, additional funds flow into the social unit. Therefore, in the divorce process, the question arises: is it possible to divide maternity capital when spouses divorce.

Is maternity capital subject to division?

So, according to the norms of the Civil Code and the IC of the Russian Federation, when spouses divorce, any jointly acquired property can be divided. Both movable and immovable property, as well as financial payments, are subject to division. However, there is a peculiarity - financial payments issued by the state that have a specific purpose are not subject to division. These include:

• Due to the fact that maternity capital has a designated purpose and the funds are allocated exclusively in accordance with the federal program, these cash payments are not equated to the joint property of the spouses.
• Conclusion: maternity capital cannot be divided during a divorce.

In the event of a divorce, the official document will remain with the person in whose name it was issued. In some cases, a certificate can also be issued to the father (death of the mother, recognition of her as missing, deprivation of her rights, etc.).

Use of maternity capital in case of divorce

Divorce does not in any way affect the right to dispose of maternity capital. Since this paper is personal, in most cases it is issued in the name of the mother. It doesn't matter whether she is in a marital relationship or divorced. Divorce does not interfere with the right to use financial assistance.

Maternity capital during divorce

In the event of a divorce, the certificate for maternity capital cannot be divided, because it is not the common property of the spouses (this is targeted support from the state). According to Federal Law No. 256 of December 29, 2006

on measures of state support for families with children, the right to register maternity capital (in 2023 its nominal value is 453,026 rubles ) belongs to a woman or a man - the only adoptive parent .

After divorce, the right remains with these persons.

If after a divorce the mother is deprived of the right to maternity capital, then it passes to the father (adoptive parent) of the children.

If the certificate funds were used to purchase or build housing, then the procedure for dividing property during a divorce will depend on whether the family members' shares in the property were allocated or not.

That part of the living space in which shares have already been allocated does not need to be divided. If shares were not allocated , then the area of ​​​​the living space that was purchased with maternity capital is divided equally between parents and children , and the rest between spouses in equal shares .

The Supreme Court, which issued a ruling on January 26, 2016 in case No. 18-KG15-224, came to the conclusion that property acquired for maternal capital is not subject to division in the usual manner.

Is maternity capital divided between spouses during a divorce?

During a divorce, unused maternity capital funds are not divided between the spouses, since they are not their joint property. According to Part 1 of Art.

3 of Law No. 256-FZ, the right to receive a certificate may belong to the mother (adoptive parent) or to the man - the only adoptive parent of the second (subsequent) child.

If part of the funds has already been disposed of, then the right to the remainder also belongs to the specified persons.

To the joint property of the spouses, according to Art. 34 of the Family Code of the Russian Federation, includes property acquired by spouses during marriage :

1. Movable and immovable things.
2. Pensions, benefits and other non-targeted payments.
3. Income that was received for labor, intellectual or entrepreneurial activities.
4. Deposits, shares, securities, shares in capital made to a credit or other organization.

Since maternity capital is a measure of social support of a targeted nature , it is not joint property and cannot be divided during a divorce.

In addition to maternal capital, the following are not :

• personal belongings of spouses - with the exception of luxury items and jewelry;
• property purchased before marriage;
• property received by a husband or wife by inheritance, gift or other gratuitous transaction;
• rights to the result of intellectual activity.

During the division, it is not taken into account whose funds (husband or wife) during the marriage and in whose name it was registered - both spouses have the right to it . If one of them managed a household during the marriage and could not work, then he still claims his part in the common property.

Spouse's rights during divorce

In case of divorce, the right to maternity capital is not divided : the ex-husband after the divorce cannot issue a certificate for himself or dispose of half of the funds if a woman has the right. If a man is the owner of the certificate , then his wife also cannot claim half of the capital.

The ex-husband, if he is the father (adoptive parent), may receive the right to a certificate when the woman loses it . This occurs if the owner of the certificate:

• died (declared dead);
• deprived of parental rights;
• committed a deliberate crime against the person of a child;
• canceled the adoption.

If the father is deprived of the right to maternity capital, then it is acquired by children : minors, or adults, but studying full-time.

How is property acquired with maternal capital divided?

Housing purchased, built (reconstructed) with maternity capital is divided during a divorce, taking into account the norms established by Art. 38-39 of the Labor Code of the Russian Federation and Art. 10 of Law No. 256-FZ, the rights of children and spouses to such living space must be taken into account .

The division of property can be carried out both during marriage and after divorce. If the spouses cannot come to an agreement, then the property is divided in court : at the request of the husband and wife, it is decided what property goes into the possession of each of them.

Part 1 art. 39 establishes that in the event of a divorce, the shares of the husband and wife in common property are recognized as equal , unless other conditions are established in the contract. If one of the spouses receives property the value of which is more than the part due to him, then he must pay compensation.

During a divorce, the following cannot be divided :

• Individual property of husband and wife.
• Deposits made in the name of minor children of spouses at the expense of common property.
• Things to meet the needs of minors - they are transferred to the parent with whom the children will live.

You can file a lawsuit demanding division of common property within three years from the date of divorce.

Since when purchasing, constructing or restoring a home, shares in it must be allocated to each of the family members, the living space will be divided differently, depending on whether the obligation has been fulfilled or not. If the shares were allocated, then after the divorce the spouses and children will each remain with their own part. If not, then the division of the living space will be carried out in several stages:

1. It is established what part of the housing was purchased with maternity capital.
2. This area equally between parents and children: the smaller the acquired part, the smaller the shares in the housing will be. 1/4 of the cost of an apartment was paid with maternal capital , then the minimum share of each family member will be 1/16 of the living space .
3. The rest of the living space is divided in half between the spouses , unless other conditions are determined by the court or agreement.

If the cost of housing was fully paid by maternity capital , and no shares were allocated, then the entire living space is divided equally .

If the spouses have entered into a marriage contract, then the housing is divided according to it, but shares must be allocated to children and spouses .

How is an apartment purchased with maternity capital divided during a divorce?

An apartment purchased with certificate funds is divided upon divorce, taking into account whether shares were allocated or not . If the owner of the certificate has fulfilled the obligation, then he, his spouse and children each remain with their part.

If shares were not allocated, then the area purchased with maternal capital funds is distributed equally among family members . The rest is divided in half between the spouses . Part 2 art.

39 of the RF IC establishes that the court may distribute living space between parents differently in cases where:

• a different ratio of shares takes into account the interests of minors;
• one of the parents, for an unjustifiable reason, did not receive income or spent common property to the detriment of the family;
• the husband or wife cannot work for health reasons or for reasons beyond their control.

Despite the fact that the apartment is divided, each spouse with a share can live in it until he is paid compensation for his part.

How to divide a mortgaged apartment during a divorce?

If, during a divorce, the mortgage for the purchase of housing, taken out using maternity capital, has not yet been repaid , then it is impossible to allocate shares for the obligation, since the encumbrance has not been removed . As in other cases, the area purchased with the certificate funds is equally distributed between parents and children, and the rest is divided equally between the spouses.

Liabilities for the unpaid loan amount, despite the fact that it was repaid with maternal capital, will be distributed equally between husband and wife , since, according to Part 3 of Art. 39 of the Family Code of the Russian Federation, debts are divided between spouses in proportion to the shares awarded to them . A different distribution may be established by a court decision.

To sell an apartment in which maternity capital has been invested, if the mortgage has not yet been repaid , you need to receive:

• permission from the Guardianship and Trusteeship authorities;
• consent of the credit institution.

How is a house bought with maternity capital divided during a divorce?

If the house was purchased with the funds of the certificate, then it is divided taking into account whether the parents fulfilled the obligation to allocate shares or not.

As in the general case, if the shares were not distributed, then the part of the house purchased with maternity capital is divided equally between family members , and the remaining area - between the spouses .

Parts when dividing a house, as a rule, turn out to be larger than when dividing an apartment, due to the lower cost of such premises.

If shares were allocated under the obligation, then after the divorce each family member will remain with them.

Rights to maternity capital in case of divorce

The Family Code establishes that with a divorce, spouses lose mutual property rights and obligations. This means that all material assets must be divided between partners, taking into account the interests of the children. But if everything is clear with the division of property and further receipt of social subsidies, then not everyone knows how maternity capital is divided during a divorce.

Purpose of maternity capital

Matkapital is targeted social support for families raising two or more children. Assistance is provided subject to the following rules:

• subsidies can only be used for non-cash payments;
• the money is transferred to the family in the form of a personalized certificate;
• the recipient is a woman (in exceptional circumstances, the father of the family);
• there is a limited list of purposes where money can be directed (most often - improving living conditions);
• The Pension Fund controls the use of money.

The possibility of obtaining preferences is reflected in the articles of Federal Law No. 256 of December 29, 2006 “On measures of social support for the population.” The regulatory legal act fixes the list of areas for program implementation:

• purchasing real estate for cash;
• buying a home on credit;
• renovation of existing property;
• residential construction;
• payment for children's education;
• transferring money to the mother's pension savings account;
• treatment of a disabled child.

Who has the right to maternity capital?

The certificate is issued in the name of the children's mother. This is a general rule and is only broken in circumstances where a woman:

• died during childbirth;
• declared missing;
• deprived of parental rights;
• lives separately, custody of children is transferred to the father;
• incapacitated;
• is in prison for committing a criminal offense.

This is also important to know: Is it possible and how to get a divorce if the child is under 1 year old?

Instead of the mother, the certificate can be issued in the name of:

• father (if living together with children);
• adult child;
• a guardian appointed by a court decision;
• adoptive parent after completing the necessary documents.

Only the owner of the certificate can apply for the use of maternity capital. But this can be done even if the actual buyer of the property is the other spouse.

Does a husband have the right to maternity capital during a divorce?

Termination of a marriage does not exclude the possibility of registering maternity capital. A parent with at least two children living with them can apply for subsidies. This can be done only after the youngest child reaches 6 months.

Divorce does not give the right to transfer the certificate to the father of the children.

Exception:

• death of mother;
• entry into legal force of a court decision declaring a woman missing or dead;
• deprivation of parental rights;
• committing an intentional crime against a child (confirmed by a guilty verdict);
• reversal of the court decision on adoption.

The right to real estate acquired with maternal capital funds

Keeping the certificate unused is the basis for transferring it during a divorce to the spouse in whose name the document is issued. If the money is sold, it will be necessary to additionally divide the material assets acquired for the designated subsidies.

Table No. 2 “The procedure for dividing material assets acquired using social preferences”

Using money
Property distribution rules

Buying a home with cash	Immediately after the purchase is completed, the property is registered in equal shares to each family member: parents and all children. If the couple has another child, he will not be considered a co-owner and should not be allocated a share during a divorce. Each co-owner will receive only their share. You can register co-ownership of housing or exchange part of the spouse living separately for another object or monetary compensation
Payment of the down payment or principal of a mortgage loan	As a general rule, the mortgage is divided equally between the spouses. Regardless of the size of the mother’s and father’s shares, only the parents will repay the loan debt. The remaining amount is divided by 2. It will not be possible to obtain ownership of the home until the mortgage is fully repaid. Therefore, when making a purchase (if this has not been done before, then during a divorce), the purchasing spouse draws up a notarial undertaking indicating that after completion of the loan repayment, the property will be registered in equal shares to each family member
Repair of an existing facility	According to the general rule, an apartment acquired before marriage is the personal property of a spouse and cannot be divided. There is an exception to this rule - the implementation of major property repairs associated with improving the quality of housing and expanding the area. If maternity capital money was spent on such repairs, then the housing should be re-registered in equal shares for each family member. If this is not done before the divorce, then the statement of claim will include a request to authorize the division of housing between parents and children

The division of material assets can be carried out voluntarily (notarial agreement) or in court (forced). Regardless of whether the values ​​are subject to division or not, they are indicated in the statement of claim, but only the divisible objects affect the price of the claim.

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Table No. 1 “Procedure for distribution of material assets during divorce”

Shares
Doesn't share
Proportion of children

Property acquired after marriage and before divorce	Items purchased before the wedding	Personal items
Total debts	Personal items	Study equipment, books
Mortgage	Intellectual Property Rights	Children's gifts
Joint cash deposits	Property purchased after the end of cohabitation	Child's inheritance
Acquisition of property during marriage through non-cash transactions (inheritance, donation)	Children's furniture
Accessories for hobby activities	Sports equipment, hobbies
Debts/loans issued before the wedding	Personalized financial deposits
Targeted social subsidies

Is maternity capital divided during divorce?

Targeted provision of social support can be aimed at a family or an individual family member. Receiving preferences for the whole family is the basis for dividing payments. Receiving targeted assistance excludes the distribution of subsidies in case of divorce.

Maternity capital is targeted, targeted assistance paid to support children, therefore, upon termination of a marriage, division of property is impossible. The certificate is given to the mother as it is issued in her name.

Conclusion

The use of a certificate for improving living conditions after a divorce does not entitle the spouse living separately to a part of the purchased apartment. Housing must be shared between the children's legal representative and each child. This rule applies if you are living in a civil marriage or there is no information about confirmation of paternity.

It is important to know!

• Each case is individual and requires special attention. The information presented on the site is general and does not guarantee a solution to your specific problem.
• We carefully monitor changes in legislation and try to make changes in a timely manner, but this does not always happen quickly.

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Maternity capital in case of divorce

Young families with children strive to obtain the right to maternal (family) capital. The advantages of using it are obvious.

By receiving a certificate for maternity capital, the spouses do not plan to divorce in the future.

When this happens, many questions arise about the use and division of maternity capital, as well as property acquired with its participation. Perhaps this article will help you find answers to them.

How is maternity capital divided when spouses divorce?

Maternity capital is not divided during divorce . The Family Code of the Russian Federation establishes that upon divorce, property acquired jointly by the spouses during the marriage is divided . Such property includes various incomes of each spouse, pensions, benefits received by them, and other monetary payments without a special purpose.

Maternity capital (hereinafter referred to as MK) is assigned in accordance with the law “On additional measures of state support for families with children” No. 256 of December 29, 2006. The law does not mention the possibility of dividing MK funds upon divorce.

MK is federal budget money allocated to a family with children as a measure of state support. This is a state targeted payment to parents used in the interests of children.

MK is not joint marital property and is not subject to division after divorce.

What rights does an ex-husband have?

The right to maternity capital is confirmed by a certificate - a personal document issued most often in the name of the mother, who manages it even after a divorce.

A certificate for MK can be issued to the father in the following cases:

• the father independently applied to the Pension Fund, providing the necessary documents;
• the mother lost the right to dispose of MK in cases established by law;
• After the divorce, the children remained with their father.

The ex-husband cannot receive maternity capital in the form of a payment, but as a father he has the right to participate in choosing the direction of using MK.

For example, a mother wants to buy a better apartment, but a father insists on paying for the child’s education. If the former spouses do not come to an agreement, then such a dispute may be considered by the court. In this case, the court in its decision will take into account the interests of the children, and not the opinion of the parents.

Is it possible to use maternity capital if the spouses are divorced?

The separation of spouses does not affect the use of MC. The owner of the certificate submits an application to the Pension Fund to send MK amounts to pay off his obligations, attaching supporting documents.

Let's say a mother bought an apartment using MK, having already lost the right to dispose of it. The court may invalidate such a deal if it determines that it does not take into account the interests of the children.

In this case, the father may not go to court on his own. It is enough to report the controversial transaction of the ex-wife to the guardianship authority or the prosecutor's office.

These authorities will conduct an inspection and begin legal proceedings.

Division of property acquired with maternity capital

As mentioned above, it is impossible to divide the rights to MK in the form of cash payments during a divorce. But property purchased with the help of MK is possible.

Purchased an apartment

Such real estate is divided between former spouses very simply.

Federal Law N256-FZ contains a clear provision that housing purchased using MK is registered as the common property of parents and children, and the size of the shares is determined by agreement.

Without fulfilling this requirement, the Pension Fund body will recover the spent MK funds from the federal budget. And such an agreement already establishes the shares of the spouses, and there is nothing to divide during a divorce.

Another question is how the person leaving the family can use his or her part of the common housing. For example, to purchase another. The simplest option is for the ex-spouses to agree on the payment of monetary compensation for the ex-husband’s share, provided that the children remain with the mother.

Otherwise, you can find an option to exchange or exchange for housing of a smaller area with an additional payment. If an agreement is not reached, then you can demand the exchange or exchange of housing through the court forcibly. The court will clarify the attitude towards the upcoming exchange or exchange of children who have reached the age of majority by this time.

They can also be addressed with a demand for payment of compensation for the value of the ex-spouse’s share.

Spent on mortgage

Former spouses are faced with what to do with the balance of debt on a mortgage loan taken out from a bank to purchase an apartment. If both the apartment and the loan were paid for with one’s own funds, then the apartment pledged to the bank is sold with the consent of the bank and the proceeds are used to pay off the balance of the mortgage debt.

But this option is not suitable if MK was involved in the transaction. Mandatory shares for children must be allocated in residential premises. Such an apartment is sold with the permission of the guardianship authorities, who will require guarantees that the children will be allocated rights to another residential premises. In such a situation, there may be different options for repaying mortgage debt:

• When purchasing housing with a mortgage, state registration of rights to housing with the allocation of mandatory children's shares is completed only after the mortgage encumbrance is removed. The apartment can be sold with the permission of the bank, without allocating children's shares in it. Then permission from the guardianship authority to sell the apartment will not be needed. In order to report on the intended use of state subsidies, it is necessary to buy other housing for children. Here parents can stumble upon a big pitfall. If most of the proceeds from the sale of a mortgaged home are spent on paying off the loan debt, then there will be nothing to buy another home with. And if you don’t purchase it, then the guardianship authorities and the prosecutor’s office will intervene and demand in court that the MK amount be returned to the budget by the parents who did not allocate their children’s shares. Such parents are not subject to special liability in the form of a fine or other punishment. Everything is limited to collecting money from them in the amount of spent MK. There is already a known case in judicial practice where the father tried to voluntarily return MK funds to the Pension Fund, which is not provided for by law. Then the father deliberately did not allocate the children’s shares, which prompted government agencies to collect MK from him through the court.
• former spouses can agree among themselves on the further payment of mortgage obligations, and not divide property until the mortgage obligations are paid off. The disadvantage of this option is that the issue of a second home is not resolved during the period of payment of the mortgage balance;
• parents can contact the bank with an application to reissue the existing mortgage loan into two loans equal in amount to the balance for each of the spouses. In this case, the obligations of each spouse will decrease; each will pay off the loan independently, without regard to the other. After completing the loan re-issuance procedure, the collateral encumbrance on the apartment will be removed. But the bank may refuse if it considers one of the former spouses insolvent;
• a trial in which not only property, but also jointly acquired debts will be divided. The court will divide both the apartment, with the allocation of the children's shares, and the balance of the common debt between the former spouses, and, in agreement with the bank, will draw up a new payment schedule. When deciding on the division of debt, the court will take into account the financial and housing situation of each party after the divorce, as well as which parent the children remain with. Therefore, the court may not divide the debt equally.

MK spent on repairs

Is maternity capital divided during a divorce in 2023: can it be divided between spouses

If difficulties arise in the family that cannot be overcome, one of the spouses or both spouses decide to divorce. Divorce is accompanied by the division of jointly acquired property, ranging from real estate to household items. But is maternity capital divided during a divorce?

Division of maternal capital upon divorce

Can the certificate be divided in case of divorce? Based on Art. 38, 39 of the family law, joint property that was acquired during the existence of the family is subject to division during a divorce.

In accordance with Art. 34 of the RF IC, payments that do not have a designated purpose are also subject to division:

• wages, pension payments, benefits, etc.;
• income from business and intellectual activities;
• bank accounts, shares, shares in capital, etc.

Maternity capital funds have a specific purpose. It consists of providing state support for families in order to create conditions sufficient for a decent standard of living.

The certificate is issued in the name of the mother or father, who is the sole adoptive parent, and cannot be divided between spouses. The certificate remains with the person in whose name it was issued.

In certain situations, legislators have provided for the possibility of transferring maternity capital to the father:

• if the mother died or was declared dead;
• when the mother is deprived of her parental rights;
• the mother committed a crime against the children;
• if the documentation for the adoption of the child for whom the capital was received is cancelled;
• if the man himself adopted the 2nd and subsequent children.

It is worth considering the fact that men who are stepfathers of the first child cannot apply for maternity capital.

How is an apartment purchased using maternal capital divided?

Capital funds can be used to purchase housing, reconstruct it, or build a house.

An apartment purchased using maternal capital money acquires the status of common property. In accordance with the agreement concluded between family members, each of them is entitled to a share in the apartment, including all children.

In the event of divorce, only their shares are divided between the spouses. Each child's shares are inviolable. In accordance with Art. 60 of family law, parents cannot become owners of children's property and vice versa. Children's shares cannot be divided even if the house has not yet been completed.

In such a situation, you can act in several ways:

1. The sale of a property with the subsequent division of the proceeds between the shareholders. To sell children's shares, you will need to obtain permission from the guardianship and trusteeship authorities. Specialists will monitor the execution of the transaction and the procedure for crediting funds to the child’s bank account. The amount must correspond to the market value of the minor child's share. In order not to transfer money, the parent can provide the child with housing. It should not be worse than the property sold.
2. Sale of housing and payment to the spouse left with the children, the amount corresponding to the shares. Money can be replaced by other objects of property. Their price must correspond to the cost of the share.
3. Natural allocation of share. This method can be used when it comes to individual houses. The premises must be equipped with a separate exit, bathroom, and postal address. The market value of the real estate should not decrease, and the interests of shareholders must be respected.

If the mother remains with the children, then the father can waive his share to pay child support. To do this, you will need to enter into an agreement and specify in it the procedure by which the cost of the share will be deducted from the amount of monthly payments.

In the case where the residential property was fully paid for from maternal capital, and the shares of family members were not allocated, during a divorce, the housing is divided into equal parts between all family members.

If maternity capital funds are involved in a mortgage loan

If maternity capital funds were used when applying for a mortgage loan to purchase housing, then the law requires, as in the case of purchasing a property without a mortgage, the determination of shares for each family member. The shares of parents and children must be equal.

To divide a mortgaged home, the following steps will be required:

1. Debt to a financial institution is distributed equally between parents, despite the fact that their share in housing may be 1/3 or ¼ (depending on the number of children).
2. Contacting a banking organization for the purpose of selling a property. In addition to the bank, permission must be issued by the guardianship authorities. It is also possible that the bank itself sells the apartment. But in this situation its market price will be underestimated. In both cases, the proceeds will need to be used to repay the debt to the financial institution, and the remainder is divided among all family members.
3. One of the parents can pay off the debt to the bank. In the future, you can recover half of the amount paid after the divorce from the other parent.

Use of maternity capital after divorce

The maternal certificate is a personal document. In the vast majority of cases, its recipients are mothers. It does not matter whether the woman is married or divorced. If a woman received a certificate in a marriage that later broke up, then she has every right to use the maternity capital at her own discretion after a divorce.

When purchasing housing using certificate funds after the dissolution of the family union, the owners of the purchased property will be the mother and her children.

Let's sum it up

Thus, maternity capital funds do not belong to the joint property of spouses even if the certificate was received during marriage. The document is issued to a specific person and is intended for specific purposes, so its division is impossible. But the father of the children can transfer it to himself in some cases.

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How is a house bought with maternity capital divided during a divorce?

Maternity capital is a certificate that is provided to Russian families after the birth of two or more children.

This certificate indicates the amount (depending on the number of children in the family) that parents can use to improve housing conditions - purchase, repair, construction, as well as for the child’s education at a university, the purchase of goods for the adaptation of disabled children, or the formation of a funded pension. The listed goals are clearly defined by the state, and they should be primarily aimed at improving the lives of children. That is, there can be no talk of any new car or goods in the form of household appliances for the home. The executive bodies have taken care of this and are carefully checking the targeted use of public funds allocated at the birth of a child.

In almost all families, the most pressing issue is housing, especially if there is another child and it is simply impossible to live in a one-room or rented apartment.

Therefore, upon receiving a certificate for the use of maternity capital, most parents decide to acquire new housing and spend government assistance on a down payment or to repay part of the main body of the loan. But no matter how sad it may sound, the statistics on divorce are disappointing - every third marriage is destroyed.

Therefore, if you have more than one child in your family, then you may also encounter a problem such as the division of property, part of which is funds from maternity capital. There are many subtleties here, but we will try to fully cover the topic.

Who owns maternity capital

A certificate of ownership of maternity capital funds is most often issued to the mother of the children. If maternity capital was not used during the official marriage of the spouses, then after the divorce the husband cannot claim it.

He remains with the mother, of course, if the children remain with her, since we must not forget that the purpose of such government assistance is to improve the living conditions of the children. In addition to the mother, adoptive parents can also be the owner of the certificate if a second child is adopted.

In rare cases, the child himself has the right to be the owner of maternity capital, but only until the age of 23.

Can a husband claim maternity capital?

We said earlier that the document is issued in the name of the mother, but according to the law, the husband can also become the owner of the certificate if:

• the mother was deprived of parental rights;
• mother died;
• the mother was declared missing by the court;
• the mother's adoption of the child is terminated;
• she committed a crime against children.

If, with the help of allocated funds, property for the whole family was purchased, then according to the law, residential real estate must be registered in the name of all family members in equal shares or only in the name of the children, as a result of which, during the divorce process, parents cannot claim their share.

Most often, of course, the property is divided equally, so the father, like another family member, receives a 1/4 share of the property (if there are no more than two children). There is no way to change the proportional division of the share of each family member, even if you go to a notary and sign an agreement that one of the parents appropriates the share of the other.

The Family Code has strict restrictions on this matter.

Is maternity capital considered jointly acquired property?

Maternity capital is not considered jointly acquired property. According to the Family Code of the Russian Federation, targeted funds allocated by the state in the form of assistance to Russian citizens do not fall under family income. Therefore, maternity capital will not be divided equally between spouses after a divorce, as happens with acquired family property.

Division of property purchased with maternity capital

The situation when a family simply keeps the certificate and does not use it anywhere is quite rare; in addition, such a decision is not always reasonable, even if you have your own apartment. Therefore, this question concerns maternity capital funds, which have certainly already been spent.

As for real estate, according to the intended purpose of state assistance for the birth of a child, they can be spent on purchasing property, building a house, paying a mortgage or reconstructing existing housing.

So, let's look at each individual option and its division after the spouses divorce.

If the targeted funds allocated by the state for the birth of a child were not used during the marriage, then after the divorce the certificate remains with its owner, that is, the mother of the children.

If maternity capital was used to purchase real estate

Any real estate that was purchased with the participation of maternity capital funds must be registered in proportional shares between all family members.

This rule is regulated by law, which means that if a family consists of 4 people - 2 parents and two children, then everyone receives ¼ of the property. And if the moment of divorce comes, then the husband or wife can only claim the part predetermined by law.

In this case, the most correct solution is to sell the property and divide its value according to the designated shares of each family member.

However, such a transaction will be carefully monitored by the guardianship authorities so that the rights of children are not infringed in any way, given that maternity capital is primarily government assistance for the birth of a child. Only after they are convinced of the legality of the transaction do the parents receive written permission to sell the house.

If one of the spouses is against the sale of real estate, then:

• one of them can agree on monetary compensation equal to his share in the real estate;
• exchange your share for other property equivalent to this value;
• if this is a house, then the shares last according to the law between all family members, and a possible option is a further extension or a separate entrance for the spouse;
• If a spouse decides to assign his share of the property to his ex-wife and children, then an alimony agreement is concluded, which indicates that a value equal to the spouse's share in the property is deducted from the amount of subsequent monthly alimony payments.

But if a family has separate housing, then they can buy a new house or apartment using maternity capital and register property only for the children, which they can dispose of upon reaching adulthood, according to the designated shares. This solution will help avoid division of real estate when spouses divorce.

If maternity capital was used for a down payment

If, in addition to fixed assets, to purchase a new home, not only targeted government funds were used, that is, the amount prescribed from the maternity capital certificate, but also bank credit funds, then not only property, but also debt obligations will be divided.

This means that if one of the spouses claims a share of the apartment, then he must fully fulfill his obligations to repay the mortgage. You need to understand that it is impossible to divide the apartment until it is fully repaid; at the time the loan is valid, it belongs to the bank.

Only after the apartment is registered in the name of one of the spouses and the fact is established that the total cost of the apartment included targeted funds from the state - as a down payment or reducing the balance of the common body - can it be divided.

Just as when purchasing real estate using maternity capital, the property will be divided equally among everyone - at least ¼ if there are two children in the family.

No adult can claim more than this share.

If, after a divorce, the children remain with their mother (let’s take a family with two children as an example), then the following outcome of the division of property is possible if the housing is on credit:

• The wife and children get ¾ of the house or apartment, and the balance of the loan is divided equally between the two spouses.
• The husband can sell his share to his wife, thereby reducing the amount of debt on the loan minus this part, thereby eliminating disputes over the division of property purchased with maternal capital.
• If the spouse refuses to sell his share or move out of this house, then the spouse has the right to exchange her ¾ of the share together with the children for other housing, if, of course, there are enough funds for that. However, in such a situation, a number of additional documents will be required that will prove that the rights of children are not infringed and their shares are not reduced.

The best solution to this situation is a peace agreement. Usually, spouses decide it fairly. The balance of the loan debt is divided disproportionately, taking into account the situation of each spouse. For example, if children remain with their mother or one of the family members is sick and cannot work fully.

Based on judicial practice, the majority of the payment falls on the shoulders of the spouse, but does not give him more rights to dispose of the property.

If the spouses were unable to come to a common decision that would fully satisfy them, then the judiciary intervenes, which, based on the norms of the law, makes a fair decision.

The most unpleasant moment comes when both spouses or one of them cannot regularly pay the mortgage. In this case, the bank is forced to sell the collateral property - the apartment and reimburse the funds paid to the family, but as practice shows, this is extremely unprofitable.

If maternity capital was used for repairs

Here the situation is not particularly different from previous cases, from buying a home with your own money or with credit. That is, housing will be considered common shared property and everyone will be entitled to an equal share, unless one of the spouses wants to give up his participation for the benefit of the children.

Thus, when dividing property purchased with maternity capital, the rights of children must first be taken into account, both in a peace agreement and when issuing a court opinion.

The correct solution is to divide the property according to the shared ownership of each family member, so as not to infringe on anyone’s rights.

And if during the marriage, the spouses did not use subsidized funds, then the certificate for ownership of maternity capital remains with its owner, most often the mother of the children.