Buying an apartment for mother's capital: order of action, conditions, procedure — how to spend mother's capital on buying an apartment

The Federal Act adopted at the end of 2016 provides for the official extension of economic, legal and social activities known as maternal capital.

For 10 years, the programme has proved to be a worthy source of improved well-being and financial independence for millions of Russian families involved in raising children.

One of the best ways to use maternal capital is to compensate it for part of the value of real property, which has already significantly increased the living space of thousands of people in cities and towns.

Legislative aspect of the issue

Statistical studies show the following: almost all families (more than 95 per cent) who have applied to the Pension Fund for maternal capital wish to spend it on the purchase or expansion of their own housing.

Information on the basic requirements for real property purchased with MC funds, as well as a detailed list of required documents, can be drawn fromGovernment Decision No. 862dated 12 December 2007

In order to use the funds provided by the Statewith a view to expanding housingit is necessary to:

• Have a certificate;
• Pick up the best living area for purchase;
• As soon as the transaction is concluded, apply to the Pension Fund in accordance with the place of permanent residence.

Conditions for the purchase of housing

In order to channel public financial support for the birth of a second or subsequent child into the purchase of a real estate facility, it is necessary to study and implementMandatory conditionsIgnoring can lead to a breakdown of the transaction or to the deprivation of its legal basis, by the way, parents have been allowed to buy housing, both in built-up rooms and in those who have already served as a shelter for someone.

State assistance, referred to as maternal capital, can only be used for the purchase of housing if it is respectedThe following requirements:

• The bank or the developer company should be able to obtain funds in cash;
• The share in the new living space should be allocated not only to the children but also to the parent, who is also the holder of the certificate;
• A real estate property may be acquired and a mortgage may not be used only if the child has already reached the age of 3 years;
• The place of residence should be the territory of the Russian Federation.

Parents may choose their own direction for the use of maternal capital, but in the light of the urgent recommendations of the law, the following restrictions are imposed because of this type of support:is exclusively aimed at improving the standard of living of children:

1. A new property may only be divided equally between the children and their parents; if the amount of capital provided by the State is paid for a previous mortgage, it is permitted not to change the property documents, but the paper stating that immediately after the full payment of the debt the child will receive his or her share, must be drawn up and certified in a notary office.
2. The purchase of housing in the building is permitted only if the construction works have been completed by 70 per cent or more.
3. Maternal capital can only be used to expand living space if real estate is located on Russian territory.
4. The seller must be informed that it will have to deal with public institutions.
5. It is prohibited to acquire property from close relatives, i.e. at the first line.

List of required documents

The Pension Fund is responsible for the transfer of maternal capital.

What kind of documents do you need?to provide:

• A paper on the sale of real property;
• Passports or other documents supporting personal information;
• documents from which it can be ascertained that the property being purchased is not subject to any kind of encumbrance;
• A certificate that the seller has received the full amount due;
• a bank statement on the seller ' s account, since only a cash-free form is used for the transfer of funds.

Step-by-step instruction for action

The number and course of action depend on many factors.

For example, if the purchase of housingdoes not require the issuance of a mortgagethe following should be consistently implemented:

• to purchase and sell the facility, namely, to sign the contract;
• Formally register the change of ownership;
• apply for a bank loan that does not exceed the value of maternal capital or secure agreements in writing between the parties to the transaction, provided that the unpaid amount can be covered by the certificate;
• To submit an application to the territorial office of the Pension Fund with a written request for the transfer of funds for the purchase or expansion of accommodation.

If so,Mortgage loanfirst, it is necessary to collect and provide the necessary documents to the credit institution, then obtain approval, find a suitable property and buy it using loan funds.

Thereafter, the Pension Fund office should be visited and financial assistance should be obtained.

Duration of payments

• The State grant is permitted in one of the permitted areas only after the child is born or adopted.The child has reached the age of 3 years..
• It is true that early realization of rights, such as the use of State support as an initial mortgage contribution or the repayment of part of an existing debt, is not uncommon.
• Whatever the circumstances,Cash transfersThe Pension Fund shall be implemented within a period of two to six months from the date of delivery of the required papers.

Features of a sales transaction

The law in force seeks to protect the children in every way and therefore prohibits transactions in the sale of immovable property by means of State support between close relatives.

The issuance of mortgage loans to house their own nests often involves the use of State material assistance as an initial contribution.

If, however, substantial purchases do not require borrowing, but given for the birth or adoption of a second or more children is involved in the purchase, the parties shall be bound by a written agreement which shall describe the amount of the debt not exceeding the amount on the certificate.

Double

1. The doubling of accrued maternal capital in the case of formal purchase of housing cannot be carried out in full compliance with the law.
2. But a family can increase the amount of government aid if it becomesMember of the relevant social programmewhich reduces the cost of the dwelling when there are two or more children in the family.
3. At one time, there was even a programme to reduce the price by 2 maternal capital, but it is not currently relevant.
4. The rules for processing a transaction for the purchase of housing using State financial assistance are discussed in the following video:

We recommend other articles on the topic

Use of maternal capital to purchase housing in 2023-2020

Most recipients of maternal capital use it to purchase housing; however, the use of maternal capital for the purchase of housing is full of a variety of nuances; the State strictly controls the budget; any irregularity may lead to liability for misuse of money.

We'll figure out how to make the right deal, which underwater rocks the certificate holder expects in 2023-2020.

How to buy an apartment using maternal capital

A careful approach should be taken to the process of spending budget money: it is desirable to obtain knowledge of the law or professional support; the mother ' s capital for the purchase of an apartment is sent by specialists from the Pension Fund of the Russian Federation (FF), which means that the entire process of buying an apartment through the MC will be under their control.

There are conditions under which funds are allowed for the purchase of housing.They are mandatory.

In particular, the mother ' s capital for the purchase of housing is authorized if:

1. In the course of the transaction, the family is granted full ownership of the property;
2. This is the first time the owner ' s apartment has had such a situation;
3. The accommodation is located in the territory of the Russian Federation;
4. It complies with sanitary standards;
5. The transaction shall take place in a manner that is not contrary to the law in force;
6. The property shall be issued to all members of the family, including:
   • Minors;
   • The holder of the certificate;
   • Other adults (there are exceptions).

Attention! In order to get the budget money, you have to apply to the FP office for it to be disposed of. The document indicates the purpose of the expenditure.

Certificate issuance

A certificate must be issued before deciding how to buy an apartment for a mother ' s capital; additional support from the State is provided for the birth or adoption of the second and subsequent children born after 01.01.2007.

The certificate is entitled to apply to:

• The mother of the child;
• The father if he is the only surviving parent;
• Adoption;
• The guardian;
• It is the child, once it has been established that it is fully functional.

At the PF office, the application will have to be processed and accompanied by documents proving the right to state support.

These are, inter alia, mandatory:

1. The applicant ' s identity (passport);
2. Evidence of the child ' s birth (certificate of the child ' s birth);
3. Showing its priority (second or subsequent):
   • Family composition certificate;
   • The first child ' s documents (passport or birth certificate).

In some cases, additional papers may be required; after a review of the documents, a certificate is issued to the applicant; it is issued on a form of the prescribed form and guarantees the right to receive the funds from the State budget.

Only citizens of the Russian Federation are entitled to a certificate of maternal capital (MK).

Buying an MC apartment requires additional documentation. The buyer ' s action algorithm can be described schematically as follows:

1. Choose a way to improve housing conditions.
2. Find an apartment that the owner agrees to sell using the budget.
3. Set up a sales contract.
4. To register it with the Rostreestra authorities.
5. Go to the PF office for a statement about the management of the maternal resources.
6. Wait for the money transfer.
7. Remove the encumbrance from the dwelling.

The algorithm is only suitable for transactions without the use of mortgage funds. If the purchase takes place with the involvement of the bank, other subtleties arise.

Let's go over every step of the way.

Choice of a suitable dwelling

In fact, not every owner agrees to sell housing for budgetary money; it takes at least two months to wait for it to go into the account.

In addition, documents are carefully checked, which is often feared by citizens.

The allocation of funds for the purchase depends on the "purity" of the documents; for example, the burden of external obligations will not allow the purchase of housing.

Thus, the family has several options for choosing an apartment:

• In the secondary market;
• Share participation in the new structure;
• A contribution to the housing cooperative.

In 2023-2020, the certificate is issued at 453,026 rubles.

Purchase of a ready-made dwelling

The terms of the transaction are described in paragraphs 8 and 8.1 of Government Decree No. 826 of 12 December 2007.

• MC funds are allocated from the State budget, provided that the child who has received the certificate has reached the age of 3.
• A sales contract is authorized in two ways:
• The standard form of the contract shall be used if:

• MC is sufficient to cover the amount of the transaction;
• The family has savings enough to pay for the purchase.

The breakout shall be used as follows:

• At the time the contract is drafted, the buyer contributes part of the sum (to be determined jointly with the seller);
• The balance shall be entered in equal instalments according to the schedule signed by the parties.

What must be done to buy an apartment with maternal capital?

According to statistics released by the Russian Federation's Pension Fund, almost 80 per cent of families have opted to improve housing conditions as a way to invest children's money.

What do you need to know before you buy housing?

• There is.Two ways to buy an apartmentwith means of assistance:
• In the second case, however, difficulties may arise — not every seller would agree to wait for funds to be received from the Russian Pension Fund only if he is not a relative or a close friend.
• Mortgage is the most common option.
• Before acquiring housing, the family must know the basic principles of the operation:

1. Buying an apartment with a mother's capital is the only way to improve living conditions, so you can only buy big or better real estate, and instead of buying a three-bit old house, the family violates children's rights and the law.
2. Buying an apartment involves paying a portion of the mortgage out of capital, making an initial contribution or paying the seller.
3. The right to spend can only be exercised three years after the birth of the child for whom the certificate is issued; the exception is the repayment of a bank loan – this right can be exercised up to the specified age.
4. Money can be used as an initial contribution to an apartment.
5. Housing must be in Russian territory.
6. The funds are sent to a banking institution in cash.

Where should I go to get a certificate to buy an apartment?

If the family has decided to spend money on the purchase of housing, it should contact the branch of the Russian Pension Fund.the mother ' s place of residence or residenceor the person for whom the certificate is issued.

If the family has changed their address since the receipt of the certificate, it is necessary to come to the Pension Fund office, which serves the new residence.

It is important to collect all documents confirming the right to use State aid, without them or even one of the documents, the mother (father, guardian)can get rejected..

The reliability of the information and the authenticity of the data are solely the responsibility of the applicant.

It is the responsibility of the staff of the Pension Fund dealing with family capital issues to verify and process the data received.

Procedure for the transaction

If a seller of an apartment is found, an agreement to wait for funds to be received for a month (e.g. a relative or acquaintance) can be entered into a contract for the sale of a dwelling.

However, most often the purchase is meant to beAcquisition of mortgage housingSo the family takes credit from the bank and then repays it with capital, or pays the original amount, and the balance is paid on its own.

There is an option to buy housing long before the child turns three and receives capital to repay the loan or part of it.

In any case, the action algorithm is roughly the same:

1. The contract is drawn up with the assistance of the legal profession and it is stated that the dwelling is purchased through the funds of the mother ' s capital and the amount of the transaction (cost of the dwelling), the duration of the transfer, the amount of the family ' s own income supplement, and a model of the contract can be obtained from the PF.
2. We file a public registration agreement with the Registrar's Office, and within five days the family receives the document - ownership of the apartment - the first contribution to be paid to the seller, which may be a bank loan and its own funds.
3. When a family has a home in its possession, you must apply to the FP for a statement indicating the name of the recipient, the seller of the dwelling, to be deposited in the fund and the certificate, the title of the property, the passport.
4. In two months ' time, if the answer is yes, the money is transferred to the seller ' s account.

Thereafter, all parties to the contract (seller and buyer) mustRemove the burden on housing in the Registry Chamber.

This can only be done if the entire amount is received, i.e. the family ' s own means have been paid (or housing costs just over 400,000 rubles).

A reference is then made to the EGRP and staff members may remove temporary restrictions on ownership; the documents received should not include a reference to the existing encumbrance.

Formation of a contract of sale using a certificate

The contract is the most important document in the sale of housing.

It has its own characteristics:

1. The Pension Fund transfers funds only when the contract is concluded, i.e. the family first becomes the owner of the apartment and then the seller receives the money.
2. Until all payment is made, an encumbrance is imposed, and the contract must state as follows: "The apartment consists of a pledge from the seller until the full amount is received".
3. The contract must necessarily contain the details of the bank and the seller ' s face account.
4. The contract must include not only the holder of the certificate but also all members of the family as buyers; if any member of the family is unable to participate in the transaction, he or she shall give his or her written consent.
5. If there are more than one owner of the dwelling (owner ' s right for more than one person), the contract shall specify the payment procedure; all owners may agree (in writing) to transfer the sum to one of them; in the absence of an agreement, the text shall specify all the details of the owner of the dwelling and shall list the money to each of them separately.

It is desirable to draft the contract with the professionals from the law company, and the contract itself is certified by the notary.

After it has been signed,a transmission certificate shall be drawn upIt indicates the defects or defects of the dwelling being purchased (art. 556 of the Russian Civil Code), without which the transaction is not considered to have been completed.

The receipt and transfer certificate shall be signed by the buyer and seller and signed into the contract.

Documents required for the purchase of an apartment

A package of documents must be collected for the purchase of a mother ' s dwelling:

• Russian passport of the holder of the certificate;
• Certificate;
• A loan bank agreement (if the capital is credited to a mortgage);
• Bank ' s certificate showing the amount of the debt balance;
• Documents confirming ownership of real property;
• The obligation of the new owner of the dwelling to place all family members, including children, in the new apartment within six months (notarized);
• The passport of the spouse, if the dwelling is purchased by the mother, or the death certificate of the mother, the deprivation of her parental rights if the holder of the certificate and the buyer of the dwelling are the father;
• A copy and the original marriage certificate.

Nuances when buying mortgage housing

Buying an apartment with the money of maternal capital is possible in the form of repayment of a portion of the mortgage or payment to a seller who agrees to wait.

In order to obtain a bank loan, such documents will be required:

• a passport, a marriage certificate or its dissolution;
• Birth certificates for children;
• INS, military ticket for boys under 27 years of age;
• A document on the education of the borrower;
• Workbook;
• Statement;
• A certificate on the absence of debts for public utilities;
• Family composition certificate;
• Bank client ' s questionnaire;
• Income statement;
• Certificate of availability/no credit.

Upon receipt of the funds, the family buys an apartment and immediately pays the seller and then applies to the Pension Fund for the payment of the mortgage (part of the mortgage) with a certificate of ownership.

If the certificate is the initial contribution, the amount of the contribution should not exceed the amount of the child ' s mother ' s assistance.

It's the only legal option to invest in an apartment right after the baby's birth without waiting for his three-year anniversary.

Video: Mother ' s capital in Russia can only become housing

The plot deals with the pros and cons of the proposal of the State Duma of the Russian Federation to use the funds of maternal capital only to improve the housing conditions of families. Is there any chance that this legislative initiative will be implemented?

Mother ' s capital for the purchase of an apartment in 2023: documents, terms and conditions, contract

Meeting with a lawyer, how can you spend your mother's money to buy an apartment in 2023, what kind of documents are needed to buy a dwelling, and can you then sell a flat like this?

KP Journalist

The mother's capital is one of the most common means of State support for the family, mothers and infants, and after the birth of the second, third and subsequent children, the State provides new parents with a one-time budget of 453,026 roubles.

" The list of goals for which capital can be spent is constantly expanding, " saysLawyer Ivan Volkov, Managing Partner, JURLIGA Law FirmIn the past, there were only three points: improving housing conditions, education and raising the level of pension; now you can spend money, for example, on the construction of a dwelling; this innovation came into existence only in 2023; most parents prefer not to wait 20 to 30 years and decide to spend their mother ' s capital on the purchase of an apartment; we have prepared a step-by-step instruction for those who have decided to improve housing conditions by means of a certificate.

1. First, apply to the Pension Fund and receive a certificate of maternal capital.
2. Prepare all necessary documents.
3. If you choose a good dwelling and tell the seller that you're going to contribute a portion of the money through your mother's capital, be prepared for not everyone to be happy about it, so it may take time to find a suitable dwelling with a conspiring owner.
4. If the seller has agreed, you can draw up a sales contract and add a clause to it stating that a portion of the sum will be paid in cash and a portion will be paid for by the certificate's uterus (the document will have to be specified here).
5. Register the deal with the IFC.
6. Request the Pension Fund to transfer the money to the seller ' s account, usually within a month.

" If a mother buys a home for a uterus, she must agree that she will give the child a share in the apartment, " explains Volkov. " The law does not specify exactly what the share should be, so in theory she can be at least 1/10. But usually adequate parents give the child a good share. Parents who care for their children and spend their mother's capital to buy the apartment tend to accept conditions. Alas, there are other moms and dads. They forget about the baby's share, and when they grow up, they can demand justice through the court.

That's interesting.

Mother ' s capital: major changes, amount of payment

What would be the amount of maternal capital and what it could be spent on?

If you want to use your mother ' s capital to buy an apartment, 2023 is an excellent year.

1. Passports of the parties to the transaction
2. Birth certificates
3. Marriage/dissolution certificate (if any)
4. Registration certificate for people in an apartment
5. Mother ' s Capital Certificate
6. Sales contract
7. If the transaction is mortgaged, the mortgage application and the bank ' s consent must be attached.

It's important.: If one of the stages of buying a new dwelling is selling an old one in which a child has a share, it is also necessary to obtain the consent of the guardianship and guardianship authorities. In general, for those who want to spend their mother's money on the purchase of an apartment, it would be easy to collect documents: this minimum package allows all the necessary real estate transactions to be carried out. Many people believe that the simplest and most important free way is to find an example of a contract on the Internet and simply download it. But if you choose to use the mother's capital to buy an apartment, then it's better to make a contract with a lawyer. In theory, it seems to be the fastest option, but in practice, I recommend that a lawyer who, for a symbolic sum, will make a contract for you, taking into account your individual characteristics, and will monitor the legitimacy of all points. Sometimes, people who are not experienced with the ability to notice the underwater stones and can make an unprofitable deal in which they lose a lot of money.

Anyone who's involved in buying an apartment has dozens of questions, and we answer the most common of them.

Question:

Can you buy an apartment without waiting three years?

Answer:........................................................

In the past, it was necessary to wait until the child for whom the mother's money was received was three years old, but it became clear that many young parents could not wait for a few years to buy new housing as quickly as possible. The legislator then made adjustments: the mother's capital can now be paid for the initial contribution and the loan or interest can be repaid. The important limitation is that it is only if Mom and Dad took a loan to buy or build housing (including mortgage). The money can be spent up to three years if the child is disabled and the funds are needed for the purchase of goods that will help him to adapt to society.

Question:

Can you buy an apartment from your parents?

Answer:........................................................

There are no restrictions on the purchase of housing from the grandparents of a newborn baby, but such transactions can be given greater attention.

Question:

Buying a share of the apartment

Answer:........................................................

Buying a share in an apartment using maternal capital is possible, but it must be remembered that it will have to be processed through a notary, so that the legislator protects other shareholders.

Question:

Can you sell an apartment?

Answer:........................................................

If you're going to sell an apartment purchased with a mother's capital, you can do it. Another question is, if you've given the child a share in the dwelling, you need to make a deal through a notary. This is not so much a danger for sellers as for buyers of apartments. When you buy it, you have to check whether the dwelling was purchased using the funds of the mother's capital. There may be a situation: the child grew up and found documents in her mother's suitcase confirming that there's an apartment that was actually bought on his mother's capital, says Volkov. Then he can easily go to court, say that he only learned about it yesterday, and demand a refund of his share.

Question:

How do you book a mortgage?

Answer:........................................................

A mortgage with a mother's capital is no more difficult than usual. "In fact, the process is different because the contract prescribes the use of maternal capital," Volkov explains. "In other words, the bank simply transfers the necessary amount to the person who sells the apartment, and then you're already counting on the financial organization. It's not worth it to worry about whether the bank will accept the certificate: banks are fine with the certificates for the mother's capital, for them it's a guarantee of payment from the state.

Question:

Split-out dwelling

Answer:........................................................

But if you buy an apartment from someone you know or someone who trusts you, please, the law does not prohibit it, says Volkov. " The contract should specify that payment is not a one-time payment, that payment must be made and that the certificate will be used to pay.

How did you manage your mother's capital?

Comments to the siteCackle

How to buy an apartment without mortgage for maternal capital: 4 nuances

Buying a house without credit is the dream of any borrower. How do you buy an apartment without mortgage for your mother's capital? The procedure is simple, but the applicant has to be patient, because the package has to be impressive.

What to Know About Maternal Capital

There's a lot of rumours and speculation around the mother's capital, so let's find the truth together.

1. You can spend your math after you've reached the age of 3 by a second baby.

If the family decides to buy an apartment with a mother's capital without mortgage, it will have to wait until the second child is three years old.

But if it's planned to raise credit for the purchase of housing, the situation is changing, and the mother's capital can pay off the mortgage.

2. Housing cannot be bought from relatives

The law does not provide for such a prohibition: the only requirement for such transactions is that the square meters be entirely passed to the buyer (not the share).

You can't buy a room in an apartment for a uterus.

Misinformation: The only way to buy a room is to make it clear in the sales contract that it is the room (rooms) that is purchased, rather than the share of the apartment; this is more the case for the purchase of premises in the communal apartment.

If a room is bought in a dormitory, such a building should have "housing" status in the documentation.

4. Children must be given a share of the acquired housing

In fact, the law establishes this obligation for parents, and after registration of property that is purchased from maternal capital, children are given compulsory parts, but no mention is made of the size of the federal law.

Procedure for buying real estate for maternal health

A conditional division of the procedure into stages will help to understand how an apartment with no mortgage is purchased:

• :: To obtain a certificate for the mother ' s patrimony;
• A selection of the dwelling;
• The conclusion of a contract of sale;
• Registration of ownership of acquired real property;
• Burdening of accommodation;
• Submission of materials to the RPF Division;
• Transfer of pension money to the seller;
• Preparation of the act of reception/transfer of the dwelling;
• removal of the encumbrance from the dwelling;
• The allocation of mandatory shares to children.

It should be stated in the bills that real estate has been purchased with maternal capital.

The following provisions will be necessary in the sales contract:

• To encumber the dwelling to "full calculation";
• :: The imposition of penalties for late filing of documentation with the RPF.

Such points will protect the seller, help discipline the buyer.

Which papers the pension fund requires

The Pension Fund transfers money to the seller upon approval of the transaction. To obtain money, a potential owner of square metres provides such paper to the regional government office:

• A declaration of the prescribed form;
• Passport;
• Confirmation of registration;
• A copy of SNIL;
• Original certificate of maternal capital;
• A copy of the bills;
• Removal from Rosreestre, confirming the buyer ' s ownership of the dwelling;
• A document confirming the buyer ' s intention to allocate mandatory shares to children (notarized).

The pension fund received from the claimant shall not be considered for more than two months, and in order to assess the situation objectively, the pensioner may personally inspect the property being purchased.

Secondary housing – nuances

A frequent choice in the use of maternal capital is secondary housing, because then you can find a much cheaper option, but there are nuances.

The seller may not be satisfied with this option. The reason for the transparency of the transaction. When a transaction takes place with a parent capital, the real amount must be indicated, which leads to an increase in the taxes to be paid to the seller.

In this approach, how to use mother's capital to buy an apartment without mortgage, you can't allocate a portion of the money to a receipt – a traditional reception when buying apartments on a secondary basis.

Another nuance is the timing of the deal, and it may take a long time to wait longer for the seller, but if he's willing to wait, he's willing to pay taxes, and the secondary apartment isn't in an emergency state, then this option, how to use the mother's capital to buy housing without mortgage, will be implemented without problem.

Refusal of pension

The Pension Fund may refuse to transfer the funds to the seller ' s account if:

• The acquired housing is dilapidated or in an emergency state (not suitable for living);
• The dwelling is purchased by one spouse from another;
• A room in a one-room apartment has been purchased;
• A share of real estate has been acquired;
• The right of ownership of housing has not yet been registered;
• The certificate for the uterus is not issued on the applicant ' s behalf.

A prior consultation with specialists of the pension authority will help to avoid rejection.

What if the refusal of the state authority has already been received? There are several options for the development of the situation:

• Appeal against the refusal of officials by the courts;
• :: Investing in their own funds instead of pension money;
• Take the mortgage and settle with the seller;
• Avoidance of the sale (when the seller refuses the avoidance, the court decides the case).

The former owner of real estate may apply to the court to recover from the buyer the outstanding amount under the sales contract.

How to buy a mother-in-law apartment – how to make a proper contract and make a deal?

You can buy an apartment with your mother's money, and the deal will have certain features.

Let's talk about them, and let's look at the housing requirements in 2018, what's needed to get the deal right, and what to do to avoid having to pay for the purchase of real estate from the family budget.

Contents of the article:

Conditions for the use of mammary for the purchase of housing

It is possible to use cash from maternal capital if certain conditions are met.

The exact amount of maternal capital — conditions for mammary production in Russia

Let's list them:

1. If the family buys a part of the house on a uterus basis, such as in an apartment, it must, in time, buy the rest so that the family owns the entire room.
2. The property must be intended for residence; it will not be suitable for a room which will be demolished or which is deemed to be an emergency, dilapidated space.
3. It is possible to buy an unconstructed house, but given that construction is to be completed by 70 per cent.
4. Money can only be spent on a real estate site located on the territory of the Russian Federation.
5. Underage persons must have their shares written in the form of their property; note that all family members must have equal parts.
6. You can buy a separate room in a communal apartment, and the dormitories don't have to do with it.
7. The calculation must necessarily be done in cash.
8. It is prohibited to buy property from first-level relatives.
9. The documentation must be completed before the parents receive the RPF funds.

A step-by-step guide to the sale of an apartment purchased with a mother's capital - legal answers to popular questions

Thus, the State, by imposing these conditions on the use of the uterus, controls the funds; the latter requirement is that the family must first purchase housing and then apply for funds for the uterus.

Therefore, families resort to mortgages or loans to pay the seller ' s money and then to supplement the money from the mother ' s capital.

How can a contract for the sale of an apartment with a mother's capital be properly processed?

When concluding a sale with a mother's capital, it is necessary to draw up a contract, which will be the basis for the transfer of money from the womb.

Take such rules into account when formulating and concluding a contract:

1. The contract must be entered into by two parties, the seller and the buyer's family.
2. The document should contain nuances on the use of maternal capital, the method of calculation, the transfer of funds, the timing of payment, etc.
3. There should also be liability for non-compliance with contractual obligations, including what will happen to buyers if RPF representatives do not transfer funds from maternal capital.
4. The details of the accounts in which the money will be deposited should be recorded in the document.

Remember: until the seller receives the money, the transaction will be considered as incomplete.

In Rosreister, restrictions on the ownership of a particular real property are indicated until the full amount of the money is received.

Thus, a customer's family has the opportunity to buy a dwelling – even if it can't be spent – parents can supplement their own budget, or they will have to terminate the contract because of non-compliance.

List of documents to apply to the Russian Federation Pension Fund for the transfer of maternal capital to the real estate seller

• Parents are required to provide a documentation package before an employee of the Pension Fund makes an application to the bank for the transfer of funds from the certificate.
• In addition, parents must determine how they will use the means of mammary, and they must declare their wish to the RPF.
• The purpose of the certificate will be to determine which papers will need to be submitted.

List of documents to be submitted to the RPF for disbursement of funds :: In 2018:.......................................................................... A certificate confirming the mother's receipt of the uterus. Birth certificates, adoptions. Marriage certificate. A divorce certificate, if any. The complainant ' s SNILS. The contract for the sale of the facility. A certificate of ownership, which is now being replaced by an extract from the EGRP. A contract with a credit institution, if any, for example a mortgage, a loan, the purpose of which should be to provide funds should be the acquisition of a particular facility. A bank statement about the details of the account. Bank statement of the remaining amount of the debt if there was a loan or mortgage. A document confirming the allocation of some of the property to minors must be certified by a notary.

All documentation shall be prepared in accordance with the law and must be signed, printed.

How to buy an apartment using maternal capital – step-by-step instruction

In order for the transaction to be successful, a citizen must follow such instructions:

• Step 1.Gather the documentation.
• Step 2.Find out which property you will acquire. Note that it must be selected according to the criteria and conditions we have specified above.
• Step 3.Contact the seller and negotiate all the terms of the deal.
• Step 4.Give the paperwork to the notary.
• Step 5.Make a deal with the seller.
• Step 6.Get a certified document from the notary stating that each member of the family has a certain share of the dwelling but after the credit payments have been completed.
• Step 7.Take this document to Rosreister.
• Step 8.Please contact the RPF and write a personal statement; the written request must address such questions as when the housing was purchased, how the capital would be used, e.g. to pay the owner-seller of the dwelling, either to pay the mortgage or to pay the loan to a banking organization.
• Step 9.Next, wait for the day when the funds from the uterus will be transferred to the requisitions specified by you. It is better to keep in touch with the seller to clarify whether the funds have been transferred. The Pension Fund employee must also report this to the applicant. The time for consideration of the application is two months.
• Step 10I want you to contact Rosreister for confirmation of the transfer of funds from the certificate and get a statement that you've become the owner of the apartment.

If the money from the uterus is refused, the applicant mayapply to the judicial authorityand challenge the RPF ' s decision.

The Council:Contact the RPF before you acquire the facility. Please consult in advance whether you can transfer the money from the certificate or not.

Purchasing an apartment with a mortgage

In order to take up mortgage housing and pay the bank with maternal capital, care must be taken and all nuances and possible problems must be taken into account, otherwise the mortgage will have to be paid from its own budget.

A mortgage for a new structure is a step-by-step instruction on how an apartment is to be owned.

Follow this instruction:

1. Go to the banking organization and ask for approval for a loan, and the specialist must check your credit history before he gives his consent.
2. Find the right object you want to buy.
3. Make a loan agreement with the bank.
4. Formalize the transfer of maternal capital to the RPF.

   This requires the collection of such documents: copies of the parents ' passports, a copy of the loan contract, a personal application for the transfer of funds, and a certificate from the notary on the allocation of equal shares in the apartment to each family member.

5. Wait for the transfer within three months.
6. You'll get a statement from the bank that the money came in, and you'd better keep it to confirm the payment.

The Pension Fund specialist is required to verify where the certificate funds have been sent.

Are there any questions left?