Sale of an apartment with maternal capital without allocating shares to children

Most recipients of funds under the maternity capital program prefer to use them to improve their living conditions.

But over time, this housing has to be sold in order to change the area of ​​residence or purchase a more spacious apartment.

Is it allowed to sell an apartment purchased using maternity capital, without allocating shares for children and with the subsequent purchase of another property?

The content of the article:

Basic requirements for obtaining maternity capital

To receive money from maternity capital, a number of conditions must be met:

Purchasing a separate apartment or house	It is allowed to direct funds to a separate residential premises. As an exception, it is possible to purchase shared ownership. But the family must retain the opportunity to independently use and dispose of the property received.
Location within Russia	You will not be able to use funds to purchase housing abroad.
Transaction form	Any purchase option that does not contradict the law is allowed.
Allocation of shares	They must be distributed among all family members, including children.

Requirements of the Pension Fund of the Russian Federation

The requirement to allocate shares is a mandatory condition to comply with. The pension fund requires that it be specified in the contract for the purchase of real estate. An obligation to register shares in the property for the children is drawn up in writing. It is signed in the presence of a notary.

It is important to consider the following:

1. The obligation is fulfilled within six months after the removal of the encumbrance on the apartment when purchasing with a mortgage or after transferring funds to the seller.
2. By agreement between family members, the size for parents and children is determined.
3. The right to receive a share of children born before the final registration of the apartment, but after the conclusion of the transaction, is taken into account.

According to Decree of the Government of the Russian Federation No. 20 of January 13, 2009, the holder of a maternity capital certificate can direct funds not only to joint transactions. The funds can be used for a transaction concluded by the spouse.

It is important that the transaction is not made between relatives. This is a necessary condition that is designed to prevent an attempt to cash out maternity capital. The Pension Fund of the Russian Federation always carefully checks the history of real estate.

Sale without allocating shares to children

Many people are interested in whether it is possible to sell an apartment purchased with maternity capital and not allocate shares for children? According to current legislation, this opportunity is not provided . And if you start the procedure, the transaction will not only not be registered, but also administrative or criminal liability may arise. In some cases, the family will be required to return the money in full.

But it is possible to circumvent the obligation to provide children with shares. This is due to the fact that the law does not establish a restriction on the sale of housing purchased with maternity capital funds. Therefore, housing can be sold at any convenient time, including before the expiration of the period for registration of shares.

Important! By purchasing a larger apartment, you prove to the guardianship authorities that you respect the interests and rights of younger family members. This is important, since they cannot fully participate in the purchase of an apartment.

Features of the procedure

Before proceeding with the conclusion of an agreement, it is necessary to enlist the support of the guardianship authorities. Otherwise, the transaction is considered invalid, and parents may be held accountable for committing fraudulent acts. It is important in the application to show that the new housing will improve the living conditions of the children.

Note! If the guardianship department does not allow the purchase of the object of interest, you may lose the deposit. To prevent this from happening, it is necessary to draw up a preliminary agreement under which this amount will be returned in full.

When purchasing a new home, it is important to consider the following:

1. At the time of sale, alienated real estate can be registered in the name of only one of the spouses.
2. It is necessary to obtain notarized consent from the second spouse to sell the apartment and allocate shares to children at the new address.

Otherwise, the list of documents and features of the procedure are no different from a regular home purchase transaction.

As a result, selling an apartment without allocating shares to children is possible. But at the same time, it is necessary to comply with all legal formalities in a timely manner, the main one of which is the acquisition of housing with the best conditions.

In the video, lawyer Inna Belyakova will talk about the specifics of selling an apartment purchased using maternity capital.

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Sale of an apartment purchased with maternity capital

Improving living conditions through maternity capital is a common phenomenon in our country. However, the law establishes certain requirements regarding the use of these funds, therefore, before buying or selling an apartment with the participation of maternal capital, it is necessary to carefully study all the nuances so as not to break the law.

Legislative regulation of home sales

The law on maternity capital does not stipulate any restrictions or prohibitions on the sale of housing purchased with capital. But through the civil and family code, the state protects the rights of minor children who are co-owners of such an apartment.

According to Articles 28 and 37 of the Civil Code, such housing can only be sold with the permission of the guardianship and trusteeship authorities, which act on behalf of the children. Proper use of maternal capital to purchase an apartment.

The law that regulates support for families with children specifies the specifics of purchasing an apartment with maternity capital. According to Article 10 of the law, the purchased housing must be registered as the property of absolutely all family members, namely the mother, father and all their children.

The shares of the apartment in the ownership of each family member are established by mutual agreement, and its size may not be the same.

How to get maternity capital? Photo: vseon.com

If it was not possible to determine the shares immediately after the purchase, then the person who owns the certificate (usually the mother) must give a notarized undertaking to determine the ownership shares for all family members within six months.

Sale restrictions

In this case, their interests are represented by the guardianship and trusteeship authorities, with whose permission the transaction can be carried out. If they plan to sell an apartment, the share of which belongs to a child under the age of fourteen, then the obligatory condition is the purchase of a new home of the same size and with the same living conditions as in the one sold.

• If for some reason he is neither a co-owner nor the owner of the apartment, but is registered in the home being sold, then immediately after deregistration he must be registered in the newly purchased apartment.
• To obtain permission to sell an apartment, parents must write a corresponding application and submit a package of necessary documents to the trustee authorities at their place of residence.
• If this has not been done and the guardianship authorities are not informed of the intention to sell the home, then the board of trustees has the legal right to go to court to declare the sale illegal, and the parents may be held accountable.

Getting permission

Before preparing and selling an apartment, if the co-owner or owner is a minor child, the mother or father must write a statement with the indicated intention to the guardianship and trusteeship department in order to obtain permission from them.

In addition to the notice of sale, the application must indicate that the rights and interests of minor children are respected. This document is drawn up personally by the owner of the property in the obligatory presence of representatives of child rights protection.

In addition to the application to the trustee authorities, you must provide the following documents:

• copies and originals of passports of parents or legal guardians;
• application for permission and consent of the guardianship authorities. It must be written on behalf of the child's parents or legal guardians, or on behalf of the child if he is 14 years old;
• a copy of the marriage certificate or divorce certificate;
• a copy of the minor child's birth certificate;
• a certificate from a bank personal account, which confirms the receipt of a sum of money in the name of a minor child, if his share of housing was transferred in money;
• documents for real estate that is for sale. This package includes a cadastral passport, technical passport and plan, if there is a privatization agreement, a document certifying ownership of the apartment, a certificate of the value of the apartment, a document certifying the absence of debt, an extract from the house register.

Agreement to deal

If at the time of the sale of an apartment purchased with a maternal certificate, a young child is under 14 years of age, then parents, official guardians or legal adoptive parents have the right to act on his behalf.

If the child has already reached the age of fourteen, then he must be present and participate in the sale. In this case, written parental consent will be required. In addition to the application and all documents relating to the apartment being sold, the guardianship authorities must also provide papers for the new property being purchased.

Documents from the bank and an account statement must be brought to the board of trustees, and money must be received in the children's account before the completion of the purchase and sale procedure. In the case where children remain with their parents after the sale of real estate, the guardianship authorities can issue permission if, instead of the sold apartment, a new house or apartment of equal size and living conditions is purchased.

How to sell an apartment purchased with capital, see this video:

This is done to fully protect the rights of minor children who are owners or co-owners of property:

1. The first step is to find an equivalent replacement for the housing being sold. The new house should be the same or better than the previous one. The law allows the purchase of real estate of a smaller area, but on the condition that the number of square meters for each child remains at the previous level. Such cases are possible, for example, when selling an apartment in a dilapidated building and moving to a new building. Preservation of space for minor children is carried out by reducing square meters for other family members who have reached the age of eighteen.
2. If a family plans to move to another region or locality, the guardianship authority may require a document justifying such intentions. This document can be a certificate from the clinic about the presence of medical indications or confirmation from the place of work of one of the parents about his transfer to work in another locality.
3. Provide statements from home owners and a package of other documents to the trustee department at the place of registration of minor children. Also, the visiting inspector of the guardianship authority must inspect the premises of the purchased apartment and draw up a corresponding report, which the parents must also bring. After submitting all the documents, permission (or refusal) is issued to sell the apartment, which was purchased using maternity capital.
4. Carry out a transaction for the sale of residential real estate and at the same time buy a new apartment approved by the guardianship inspector. After this, immediately register minor children as owners of the shares that are due to them by law. It is also allowed to transfer full rights to own property to the child.

How to sell an apartment?

Sale of an apartment purchased with a mortgage with maternity capital

When carrying out a transaction for the sale of residential real estate, which at one time was purchased with a mortgage with the participation of maternity capital, three main aspects should be carefully considered and studied:

• the presence of restrictions on the sale of mortgaged property;
• features of the sale of an apartment purchased with a maternal certificate;
• availability of special documentation for the sale of living space, which was purchased with a mortgage with the participation of maternity capital.

There is a clear action plan for this transaction:

1. start looking for a buyer who will agree to buy an apartment on such terms for cash;
2. find a new home that will be purchased after the sale;
3. draw up documents that identify children as owners of shares in the new apartment;
4. collect and provide a package of documents to the guardianship authority and request permission to sell;
5. draw up and submit an application to a bank branch;
6. obtain permission from the guardianship department;
7. determine and agree with the bank on the time for the purchase and sale of an apartment;
8. officially remove all family members from registration in the apartment being sold;
9. sign the purchase and sale agreement.

It is quite problematic to comply with all the points of such a plan, but this is how the sale of a mortgaged apartment, which was purchased using child benefits, should be carried out.

Selling an apartment without allocating shares

According to the legislation of the Russian Federation, it is prohibited to sell an apartment or house purchased with maternity capital without allocating shares. If such a transaction is nevertheless completed, it is considered a direct violation of the law.

Not only parents, but also children should have allocated shares. Otherwise, no one will allow you to sell the apartment, and they may also punish you in court for violating the rights of the child. The court will oblige the parents to determine shares for each child in the family.

Risks for buyers and sellers

Risks for both parties to the transaction are necessarily specified in the purchase and sale agreement. In total, the seller and buyer are at risk for the same reason - failure to comply with all stages of the sale, which are prescribed by the legislation of the country.

1. The features of selling an apartment purchased using maternal capital are described in this video:
3. If the seller decided not to bother too much with obtaining all the necessary permits and providing the necessary documents, signed the contract and took the deposit (or the entire amount), then if violations are detected by the guardianship authority, such a transaction is considered invalid and subject to cancellation.

In addition, the seller is obliged to return the deposit (or the entire amount) to the buyer in double amount and will most likely be prosecuted in court for violating the rights of children. After completing an illegal transaction, the buyer risks being left without the new home he wanted to purchase.

How to speed up buying and selling

There is one more nuance that may affect the speed of the transaction. If the apartment being sold was purchased less than three years ago, and it costs more than one million rubles, then the seller will have to pay a fairly large amount of tax. So, if there is no reason to rush, then it is better to wait a little while selling.

Conclusion

When planning to sell an apartment that was previously purchased with maternity capital, including with a mortgage, you first need to find out and analyze all the legal aspects of such a transaction. If possible, it would be advisable to seek advice and support from an experienced lawyer.

Only by observing all the norms and requirements established by the legislation of the Russian Federation, you can quickly and safely carry out a purchase and sale transaction and at the same time avoid violations of the law.

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How and when can you sell an apartment purchased with maternity capital?

If maternity capital funds are used when purchasing real estate, the sale of the property is accompanied by a number of difficulties. The state protects the rights of children, therefore, when concluding transactions on the alienation of property, the interests of minors cannot be diminished. How to sell an apartment purchased with maternity capital, and when you can conclude a deal - we’ll try to figure it out.

General terms of sale

Purchasing real estate using maternity capital allocated by the state is a special procedure. It is important to comply with the conditions for registering an apartment, outlined in Article 37 of the Civil Code of the Russian Federation, norms of Federal Law No. 256-FZ, in force since December 29, 2006. Part 4 of Article 10 of the latest regulatory act clearly establishes that the purchased housing is divided among all family members.

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The purchased house is in shared ownership, parts of the property are owned by:

• both parents
• children, including the first one, for whom maternity capital is not registered

The shares do not have to be equal. Article 10 of Federal Law No. 256-FZ establishes that square meters are distributed in accordance with the agreement.

If minor children are listed as owners of housing or part of it, legal representatives have the right to carry out transactions for its alienation only after receiving the consent of the guardianship authorities. Moreover, department employees will want to make sure that the interests of each child are respected. Parents will have to prove that:

1. Living conditions for minors will remain at the same level:
   1. the comfort of the room will not deteriorate. It even takes into account where the old and new house are located - in the city or in the countryside. Moving from a village to a large populated area is considered advisable. And when exchanging a city apartment for a house on the outskirts, questions may arise
   2. the area of ​​residence will not decrease.
2. The share allocated to each child in the new apartment is equal to or greater than the share registered to him in the previous premises.

That is, parents must sell the apartment and buy another one. And re-register a certain share in the new housing for the child. In such a case, the evidence for the guardianship authorities is the purchase and sale agreement.

Or give away part of the old one, previously registered as private property. And provide an extract from the Unified State Register of Real Estate showing information about the owners.

It is worth registering part of the housing for the child in advance, before contacting the Public Education Office.

If parents plan to purchase housing in another region, they must prove that the change of residence is made for good reasons. For example, moving is associated with a change of job.

When is it allowed to sell real estate?

Federal Law No. 256-FZ does not limit legal representatives in time. You can contact the guardianship authorities with a request to issue permission to sell housing purchased with the help of maternal capital even immediately after its purchase. But it is worth remembering that when selling real estate owned for less than 3 years, you will have to pay a tax of 13% of the cost.

And it won’t be possible to implement the deal right away. Department employees have 1 month to consider the petition from parents. During the specified time, guardianship officials determine whether the requirements of the law to ensure the comfort of minors and preserve their shares have been met.

If you plan to place your children in a new apartment, which is purchased after the sale of the previous one, you should not delay. The validity period of the issued permit is indicated in the document form and is usually 3 months. If a transaction to purchase a new home is concluded later, the guardianship authorities may prohibit its registration.

This rule does not apply when the resolution does not indicate a deadline for execution. However, parents have little time in any case. Within a month after completion of the transaction, legal representatives are required to provide copies of agreements on the alienation of residential space. The condition is stated in Letter No. 09-M issued by the Ministry of Education on February 20, 1995.

Obtaining permission from guardianship

So, the main thing that is required for the sale of real estate purchased with maternity capital is obtaining consent from the guardianship and trusteeship authorities. Let's consider the procedure in detail.

Required documents

Before initiating a sale or contacting the specified department to obtain permission, you need to create a package of papers. It includes documents of two categories. The first includes general documentation concerning family members:

1. Passports of mother and father. If children have reached 14 years of age, or there is an adult child of their own, their passports will also be required.
2. For each child under the age of obtaining a passport - a birth certificate.
3. Statement from parents. Adult children, as well as adolescents 14 years of age and older, also fill out similar documents in their own hands and sign.
4. Marriage certificate. If the relationship is terminated - about divorce.
5. Documents containing additional information about minors - certificates from a kindergarten or school, hospital.

The second category of required documentation is housing documents. These include:

• cadastral passport for apartments registered before 2017. Federal Law No. 218-FZ, adopted on July 13, 2015, canceled the issuance of such a document from January 1, 2017. But for older objects the document was issued
• extract from the Unified State Register of Real Estate
• technical plan
• extract from personal account. Confirms the absence of debt
• results of an examination to assess the cost of housing
• ownership documents
• preliminary sales agreement. The document is certified by a notary
• guarantees of the transaction provided by the current owner of the premises.

Guardianship authorities may additionally include other papers in the list.

It is worth mentioning separately the obligation to allocate shares, which is drawn up by the parents. The document confirms the intention to respect the rights of minors to provide ownership of part of the purchased housing. The paper is certified by a notary office. The obligation must be fulfilled no later than 6 months from the date of signing the document.

Receipt procedure

Only legal representatives can submit the completed package of documents. Sending documents by mail or transferring them through a proxy is not permitted.

The collected documentation must be taken to the guardianship authorities. Department employees have 1 month to consider the application. However, if the rights of children are respected, permission can be obtained earlier.

If a refusal is received, the applicant has the right to challenge the decision in court. If the court considers that the interests of the children are fully respected, it will make a positive decision on the issue and the registration of the purchase and sale of real estate can begin.

Sales procedure: step-by-step instructions

To ensure that the interests of children and parents are respected, it is important to arrange the sale of an apartment competently. First, you need to find a suitable buyer, find a new apartment where the family will live, and negotiate with the owner to provide guarantees for the guardianship authorities. And after receiving consent from the specified department, proceed directly to the execution of the contract.

Possible types of transactions

The most common option in which it becomes possible to sell real estate purchased with maternity capital is the sale of owned housing and the purchase of a new house and apartment. The main thing is that living conditions do not deteriorate, and the children’s shares are maintained.

However, there are also exceptional situations when guardianship allows the purchase of smaller housing. For example, if the apartment being sold is in poor condition, and the one being purchased is located in a new building. But the children's shares should remain unchanged.

Therefore, family members over 18 years of age may receive smaller shares.

Is it possible to sell an apartment and build a house with the funds received? It is difficult to obtain consent from government departments for such actions, since minors do not immediately receive shares of real estate. But if there is an option to register part of the property in the relatives’ apartment for the child, it is possible to achieve a positive decision.

Registration of purchase and sale

The transaction is registered in Rosreestr on the basis of certain documentation:

• passports of family members over 14 years of age
• birth certificates for minors
• extracts from the Unified State Register of Real Estate, or an earlier version of the document - certificate of ownership of the former owner
• permission issued by guardianship
• agreements between the parties
• act of acceptance and transfer of real estate.

New owners are issued an extract from the Unified State Register of Real Estate. The paper, as well as an extract from the house register, must be taken to the guardianship authorities so that employees can be convinced that the parents have fulfilled their obligations.

Using mortgage funds when buying an old and new apartment

If parents used maternity capital and a mortgage to purchase housing, the situation becomes more complicated. Until the debt to the bank is repaid, the apartment is secured by the bank. This means that the sale of real estate will require the consent of not only guardianship, but also the financial institution.

There are two options to solve the problem. The first is to obtain permission from the bank with the transfer of obligations to repay the mortgage to the new owner.

Accordingly, the amount the seller receives is reduced by the amount of the remaining debt.

But in such a case, problems arise with the guardianship authorities, especially if the family does not have enough money to buy a new apartment. It is difficult to obtain permission for a transaction.

The second option is to bypass the bank. The buyer and seller enter into an agreement, and the latter, against receipt, gives the current owner of the apartment an amount covering the mortgage debt. And the balance is transferred to the seller after registration of ownership.

Another situation: there is not enough money received from the sale of an apartment purchased with maternity capital, and the owners want to take out a mortgage to purchase more expensive real estate.

Guardianship authorities are wary of transactions that involve borrowing funds. After all, circumstances can change, and the bank may refuse to issue a loan. Accordingly, it will not be possible to purchase the requested housing.

To avoid difficulties, a mortgage application should be submitted in advance. And only after full approval go to the guardianship authorities for permission, having in hand a guarantee of receiving a loan.

Selling an apartment purchased with matkapital during a divorce

Since the husband and wife are among the shared owners, upon divorce, upon application, each receives a part of the real estate registered in the citizen’s name. After all, the apartment was divided in advance upon purchase.

Difficulties arise if the owner wants to sell his share. There are two possible solutions to the problem:

1. Give the value of what belongs to the potential seller and take his share.
2. Sell ​​the apartment.

In the latter case, there is no question of purchasing a new apartment, because the children and their guardian do not receive the entire amount of the proceeds from the sale. But you can allocate shares to minors in the house of relatives. The guardianship authorities may agree to such a deal.

Is it possible to sell without allocating shares?

The law allows the sale of an apartment purchased with maternity capital without allocating parts of the new property to children. However, in such a case, parents will be able to spend only part of the money - the proceeds from the sale of the shares they own. The remaining amount must be deposited into a bank account opened in the name of the children.

If children are adults

Once all owners are 18 years of age or older, consent from the PLO is not required. Each owner must agree to the purchase and sale transaction, and is registered as the new owner. However, the guardianship does not control the fulfillment of the terms of the contract.

Is it possible to sell an apartment purchased with maternity capital?

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Sale of an apartment purchased using maternity capital

Over the entire period that the program to support families with two or more children has been implemented, over 90% of certificate holders have chosen to use its funds to improve their living conditions .

However, over time, participants in the state program may need to sell the purchased housing (for example, for the purpose of subsequent purchase of more spacious housing or due to the need to change their area of ​​residence or move to another area, etc.).

• If all family members have reached the age of majority , then with the consent of all owners, the issue of sale can be resolved very easily.
• If among the participants in shared ownership there are persons under 18 years of age , then alienation of the residential premises is possible with certain restrictions and only with permission from the guardianship and trusteeship authority.

Conditions for the sale of residential premises purchased with capital

Since a mandatory condition for using the certificate is the registration of the purchased housing as the property of all family members , guardianship and trusteeship authorities closely monitor compliance with the rights of minor children.

The interest of Guardianship employees in the fate of residential premises, for the purchase of which funds from maternal capital were allocated, is due to the desire to avoid situations in which children could lose shares in property rights. That is why the sale of such apartments is impossible without the prior approval of the guardianship authority.

To obtain the consent of the guardianship authorities to conduct a transaction, parents must prove that the transaction will not infringe on the rights and interests of the children , and that as a result:

• shares in the ownership will be retained by minors (i.e. they will receive equal shares in another residential premises);
• the living conditions of the children will not deteriorate and in the housing acquired to replace the alienated one, the size of the area per person will not be less than in the alienated housing.

Thus, the sale of housing purchased using family capital is possible if the following conditions :

1. the family’s living conditions will remain the same or improve , and minor children will retain the right to shares equivalent to those alienated;
2. The guardianship and trusteeship authority gives consent to the transaction.

How to obtain permission from the guardianship authorities

If funds from the MSK certificate were used to purchase housing, it must be registered as common property , i.e. the agreed share must be allocated to each family member, including all children. That is why before entering into a transaction, it is necessary to obtain the consent of the guardianship.

Based on the requirements of the law, a transaction for the sale of housing that was purchased using capital savings must occur with the written permission of the guardianship authorities or in the presence of their representatives.

To obtain consent to sell property in which children’s shares are allocated, parents need to write an application and provide the necessary documents :

1. Draw up a corresponding statement of order ;
2. Provide originals and copies of identification documents of applicants (passports of parents/guardians and birth certificates of children);
3. A responsible statement from the legal representatives of the children regarding their participation in the upcoming transaction;
4. Certificate of appraised value of housing;
5. Documents for the apartment ;
6. Certificate , according to which there are no debts for payment of utility services.

An important condition is maintaining the level of living conditions . However, in some cases it is possible to exchange for a living space with a smaller area! For example, when one of the children needs expensive treatment, or if the parents’ shares in the new apartment will be reduced, and the children will receive ownership of an area equal to the alienable one.

When can you sell an apartment purchased using a mother’s certificate?

Federal Law No. 256 does not directly stipulate any prohibitions or restrictions on the alienation of real estate acquired through a certificate. However, a number of other federal laws (in particular, Articles 28, 37 of the Civil Code of the Russian Federation, as well as the provisions of Article 21 of the law on guardianship) contain a requirement for the mandatory approval of such a transaction by the guardianship authorities.

The legislation does not regulate the period during which this permit is valid:

• The validity period of a permit for the alienation of property of minors is usually three months .
• Moreover, according to letter No. 09-M of the Ministry of Education, purchase and sale agreements must be provided within a month from the date of receipt of permission to sell real estate. At the end of this period, if the transaction has not been completed, you must apply for a new permit.

Without this document, Rosreestr will refuse to perform registration actions with the property of children under 18 years of age. At the same time, the transaction itself for the alienation of residential premises acquired using the certificate’s savings can be carried out at any time after its purchase.

But you should not forget about a number of important points:

1. If the apartment has been owned for less than 3 years (when registering ownership of housing after January 1, 2016 - 5 years ), upon its alienation, an obligation arises to pay apartment tax, which can be avoided if transactions for the sale and purchase of new housing are carried out in one tax period (provided that the right to a tax deduction was not used).
2. If the apartment was purchased with a mortgage, which at the time of its sale has not yet been repaid , in addition to the permission of guardianship, it is necessary to obtain additional consent from the bank to transfer obligations to the buyer.

Is it possible to sell an apartment before allocating shares to children in order to buy another

A notarized obligation to allocate shares to children in the purchased property is drawn up only in the case when family capital funds are used to repay the mortgage loan . The law provides for a deadline for fulfilling this obligation, which expires six months after the removal of encumbrances from the real estate.

Since the law does not establish any restrictions on the period after which housing purchased with certificate funds can be sold, the transaction can be carried out at any time , even if other family members have not yet received their shares.

However, in order for the sale transaction not to be declared invalid, and the parents not to be accused of fraud with family capital, it is necessary to obtain the approval of the OOiP before this.

In this case, permission from the OAiP to alienate an apartment without allocating shares to children can be obtained subject to the allocation of a similar area in another housing (purchased as a replacement or already existing, and not necessarily in family ownership - it is also possible in the apartment of relatives).

• In addition, alienated real estate at the time of sale can only be registered in the name of one spouse .
• Since in this case the housing transaction is carried out during the marriage, if in return it is planned to purchase or build another residential property, you will need to obtain from the second spouse both for the sale and for the allocation of shares to minor family members at the new address.

How to sell an apartment purchased with maternity capital

As already noted, there is no direct ban on the sale of apartments purchased for capital, but in practice, you can use only a few ways to conduct a transaction in which the alienation of property of minors will be legal :

1. Minor participants in shared ownership must receive equal shares in other housing where living conditions are equal to or better than those in the apartment being sold.

• To fulfill this condition, both transactions must be carried out at the same time , i.e. by signing two preliminary contracts for the sale and purchase of housing. At the same time, it is desirable that the children are immediately indicated in the contract as the new owners.
• If a new property is purchased using borrowed funds , then since banks are not willing to give their approval when children are co-owners, the purchased housing can be registered in the name of the parents and a notarized obligation that after the loan is repaid, the children will receive the agreed shares . After which, the entire package of documents must be sent to the guardianship department simultaneously with the application for permission to conduct the transaction.

Since the final decision will depend on the guardianship and trusteeship authorities, it is better to protect yourself by not including any penalties for failure to deal in the preliminary agreements. Having the approval of the guardianship authorities makes it possible to conclude contracts for the sale or exchange of housing without delay .

2. Instead of allocating shares, payment of monetary compensation in the amount of the value of the alienated share at the time of the transaction is allowed. But in this case it is also necessary to obtain guardianship approval by submitting for consideration:

• relevant statement;
• certificate of the value of the share (without valuation).

After the POiP gives consent, it is necessary to open bank accounts in the name of the children and deposit money.

We can talk about either a simple bank account (where the money will simply lie), or a deposit (where interest will be accrued) made in the name of the child, which he can dispose of upon reaching 18 years of age, or the parents with the consent of the guardianship and the child (if he is already 14 years old) can use these funds in the interests of the child (for example, buy him a separate home).

Since, according to the law, parents, in principle, do not have the right to spend the property of a minor (Articles 26, 28 of the Civil Code and Article 60 of the Civil Code), this is possible only with the consent of the guardianship authorities.

For example, despite the fact that the law allows guardians to manage the child’s funds in an amount not exceeding the subsistence level, in practice, in order to withdraw even a penny (for example, from a survivor’s pension), you need to obtain the consent of the guardianship , indicating in the statement the purpose for which funds will go, and then providing a detailed report.

3. If the family does not plan then shares for children can also be allocated in residential premises owned by relatives - for example, in the apartment of grandparents.

Moreover, in some cases in this situation, the size of the allocated share may be less than the original one . This is possible if:

• the allocation will occur in accordance with the number of square meters per share (for example, a child owns a quarter of his parents’ one-room apartment, which is equal to 10 sq.m., and in a two-room apartment of relatives this meter is only one-sixth of the total area);
• a reduced share can be allocated if there is a difference in the cost of housing in different areas (for example, the certificate of value of the share being sold/changed will indicate a reduced cost, and the certificate of value of a slightly smaller share allocated in exchange will indicate a higher price).

The procedure for selling a home when buying with matkapital

In practice, there are 2 main scenarios according to which transactions for the alienation of housing purchased for capital are carried out:

• residential premises owned by the family without encumbrances are for sale;
• a mortgage has been imposed on the purchased property by force of law.

Let us consider these cases in more detail.

Selling an apartment without encumbrances

In this case, in order to approve the transaction, it is necessary to provide documents confirming the fact of purchasing a new home . This evidence is:

• preliminary purchase and sale agreement, certified by the signature and seal of a notary;
• You can also imagine an exchange agreement (“trade in”), the terms of which would provide for an additional payment by the buyer when exchanging housing of a smaller size for a larger one.

Due to the fact that minors cannot be deregistered simply without registering them at their place of residence in another place, both transactions, after receiving the consent of the POiP, must be carried out on the same day .

An agreement on the distribution of shares in a new residential premises is also subject to state registration with Rosreestr.

Sale of an apartment encumbered with bank collateral (mortgage)

If it is necessary to sell an apartment before the mortgage loan is fully repaid, you must first obtain the bank’s consent . However, if at the time of sale shares in a residential premises pledged to a credit institution are not allocated to minors, this does not mean that there is no need to contact the POiP!

• On the contrary, if a family sells an apartment without fulfilling the obligation to allocate shares to children, there is a very high chance of challenging such a transaction.
• In addition, the undertaken obligation to allocate shares to children contains information about specific living space, the owners of which should be minor family members.
  • This means that you cannot simply take and replace a property without agreeing with the guardianship.
  • It is better to take care of this in advance, for example, at the stage of signing the preliminary agreement.

After complying with all formalities and obtaining the necessary permits, you need to choose a specific sales scheme :

• part of the buyer’s savings will be credited to repay the seller’s home loan obligations (usually the down payment);
• by agreement with the bank, by concluding a new agreement, the rights and obligations of the seller under the mortgage lending agreement are transferred to the buyer ;
• the seller pays off the mortgage , encumbrances are removed from the property, and it is re-registered to the buyer.

Conclusion

Thus, the alienation of housing purchased using family certificate funds is possible , but subject to certain legal formalities, one of which is the acquisition of real estate that is larger in size and conditions than what is being sold.

Satisfaction of this condition will indicate compliance with the rights and interests of all family members, including minors who do not have the opportunity to participate in such transactions on full grounds.

The law is the same for everyone! Is it legal to sell an apartment with maternity capital without allocating a share to the child?

Since 2007, Russians began to receive tangible support for the birth or adoption of a second child: maternity capital. And the most popular use of targeted funds is to improve the family’s living conditions.

This direction has a number of mandatory conditions, one of which is the mandatory allocation of shares to minor children. In the future, when the family needs to sell this home, for example, in order to expand their living space or move to another city, difficulties arise.

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Is it possible to sell housing purchased with a certificate?

When purchasing a home using maternity capital funds, registering it as the property of all family members is a necessary condition.

• Therefore, the guardianship and trusteeship authorities monitor the fulfillment of this condition in relation to minors so that they do not remain homeless.
• Thus, selling an apartment without allocating shares to a minor child is impossible .
• To sell an apartment purchased with maternity capital, you must:

1. Wait until all the children to whom the shares are registered become adults and receive the right to dispose of their property.
2. Obtain permission from the guardianship and trusteeship authorities to sell your home.

To obtain permission, parents will have to prove to the OOiP that the property rights of their children will not be violated, and this can be done in the following ways:

1. Minor children will receive equal shares in another residential property, that is, their property rights will be fully respected.
2. The living conditions of children will either not change or will be improved, and the size of the area per person will not be reduced.

If these conditions are met, the OA&P will approve the sale of the home. To obtain permission you will need to collect a package of documents :

• Application for disposal of property.
• Copies or originals of identification documents of parents and children.
• Application from the legal representatives of the children for their participation in the upcoming transaction.
• Documents for housing.
• Certificate of absence of debt for payment of utility services.

How to improve living conditions if the notarial obligation has not yet been met?

As soon as a family receives a certificate of maternity capital, all its actions related to its implementation fall under the strict control of the Pension Fund of the Russian Federation.

The state strictly monitors the observance of children's rights , so such transactions must always be executed in strict accordance with the rules, otherwise they may be declared invalid.

Since the law does not provide for any restrictions on the period after which housing acquired in this way can be sold, therefore it can be sold at any time.

At the same time, in order to avoid suspicion of fraud, it will also be necessary to obtain approval of the transaction from the Guardianship and Trusteeship Authorities. You can obtain OOiP permission if :

1. Children will receive similar shares in other housing, for example, in purchased or existing housing, or in the apartment of relatives. In any case, it will not be possible to complete a transaction in such a way that the children are left without their shares.
2. The living space that is planned to be sold must be registered in the name of one of the spouses, and not just the children.
3. Since the transaction is carried out during a period when both parents are married, it will be necessary to obtain written consent from a notary, both for the sale of living space and for the allocation of shares to children in another residential building.

How to obtain consent to an agreement without allocating shares to children?

There are exceptions to the rules that allow a family to sell a home without allocating shares to children, but this must be a forced measure.

An example could be a serious illness of a child whose treatment requires a large amount of money.

In this case, in order for the POiP to approve this transaction, it will be necessary to provide evidence confirming the need to sell the home in order to use the proceeds for the treatment of the child.

Options for carrying out a transaction with the allocation of shares to minors

The legislation does not provide for a ban on the sale of an apartment purchased with maternity capital; however, for the transaction to be recognized as legal, there are only a couple of options for carrying out the sale. When selling, 2 cases may arise :

• a case in which the apartment is sold without encumbrances;
• the case when the apartment is mortgaged to the bank.

Living space without encumbrances

The law does not prohibit the disposal of property of minor children if:

1. Approval from the guardianship and trusteeship authorities has been received.
2. The property rights of children will not be violated and they will definitely receive their shares in other housing.

Next, in order for the transaction to be completed, it is necessary to discharge all family members from the living quarters. It is impossible to just take and discharge a minor family member; you must definitely register them in another apartment. Therefore, before making a sale, you must :

1. Buy a new apartment.
2. Register the rights to it.
3. Register the allocation of shares.

Thus, the parents will have in their hands a notarized agreement on the preliminary completion of a transaction for the purchase of housing, which can serve as evidence for the OO&P. Before making a transaction, you need to make sure that:

1. The new housing is larger in area or the same as the previous one.
2. The child’s financial share will not be less than the previous one.
3. The technical condition of housing will not get worse.

If all aspects of the transaction have been met and documents for new housing have been received, then the next step will be to contact the Pension Fund.

To apply to the Pension Fund you need to prepare the following documents:

• Certificate of ownership.
• Extract from the house register.
• Explication of the premises and floor plans.
• Copies of personal accounts in financial institutions.
• Certificate of appraised value.
• Certificate from the Unified Information and Settlement Center about debt.
• Identification documents of children and parents (birth certificates, passports).
• Statements from adult family members participating in the transaction and all minor children over 14 years of age.

If all the necessary documents are available and the requirements are met, the Pension Fund will issue permission to carry out the sale.

If you have an outstanding mortgage

Sometimes a situation arises when it is necessary to sell an apartment when the mortgage loan has not yet been repaid. To sell such an apartment, you must obtain permission from the bank. The bank will definitely inquire about the purpose of selling the apartment .

Since the obligation to allocate shares to children specifies a specific residential premises, it is necessary to coordinate the sale with the OOiP.

Next, you need to notify the Pension Fund of the upcoming transaction. After this, you have several options:

1. The funds received from the sale of housing are transferred to repay the loan.
2. The rights and obligations under the mortgage loan are transferred to the buyer.
3. The seller pays off the mortgage loan, and the home is fully registered in the buyer's name.

Do not forget about the obligation to allocate shares to children . It will need to be completed within 6 months.

Thus, the sale of housing purchased with the help of maternity capital is possible, but requires mandatory compliance with a number of requirements to avoid violation of the property rights of children. Failure to comply with these requirements can lead to a number of unpleasant consequences, ranging from declaring the transaction invalid to criminal penalties for fraud.

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