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

Today, up to 80% of families eligible to receive maternity capital prefer to use it to purchase housing. Often, after a certain time, situations arise when real estate purchased with budget money is put up for sale. This may be due to a change in family composition, for example, divorce, or to a planned move to another area.

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

MSK

MSK is money allocated from the federal budget to support families raising 2 or more children. This project was conceived in 2007 to correct the demographic situation in the country. Throughout the entire period, the program was repeatedly extended and additions were made to it. It is now planned to be completed by the end of 2021.

Who can receive

MSC funds are provided to all families who have had a second or any subsequent child since 2007. A necessary condition is that all minor family members, as well as at least one of the parents, have Russian citizenship.

It is allowed to issue maternity capital to single-parent families, as well as to adoptive parents, if the conditions stated above are met.

MSC funds are provided to all families who have had a second or any subsequent child after 2007

Directions

MSC funds can only be used in certain areas. The intended use of public money is controlled by the Pension Fund, which is the main one in the allocation of funds.

There are 5 areas of application of MSCs:

1. Housing. For MSC money, it is allowed to purchase real estate, which must be suitable for living in it throughout the year. You can buy not only a room and an apartment, but also a private house. MSC money can also be used for the construction and reconstruction of housing. It is allowed to use government funds when the child, upon whose birth the right to MSC arose, turns 3 years old. Before this period, budget funds can only be provided using a loan.
   

   You can purchase real estate with MSK money

2. Education. Budget funds may be used to pay for the education of any of the children. The money can be used to support a child in preschool and school, to obtain education at a college or university. It is not prohibited to allocate MSK for expenses related to training. For example, paying for housing.
3. Pension. Only the mother has the right to take advantage of the increase in her pension by investing MSK. This is explained by the fact that if there are a large number of children in the family, it is difficult for a woman to simultaneously raise children and work full-time. Therefore, the work experience she has earned is not always enough to provide for normal retirement. This can be made up for by investing more in your pension.
4. Rehabilitation of a disabled child. It is allowed to use government funds for this purpose from the very birth of such a child. With MSC money you can purchase items necessary to ensure normal life activities and pay for services related to providing assistance to a child.
5. Payments up to 1.5 years. When a baby is born after 01/01/2018, a low-income family has the right to submit an application to the Pension Fund to receive a monthly child benefit from MSC funds. The amount of payments corresponds to the minimum subsistence level required to support a child in the region of residence.
   

   You can use MSC funds to receive a monthly allowance for a child up to 1.5 years old

Size

Due to inflation, the MSC value is revised upward every year. The exception is the crisis period from 2015 to 2023, when the amount of government funds did not change. Today you can receive an amount from the Pension Fund of Russia, the value of which is 453,026 rubles.

Selling an apartment

The most popular area for investing MSC funds is the purchase of housing. Over time, changes occur in family composition. In addition, there may be a need to change the region. All these are reasons for selling an apartment or house purchased with MSK funds. Is this legal?

There is no direct indication in any legislative act to prohibit such a transaction. Therefore, the operation of selling housing purchased with the help of MSK can be considered legal. It is important to comply with certain conditions:

• the share of minors participating in the transaction should not be reduced;
• the technical and communication equipment of the new housing should not be worse than in the previous place of residence. For example, the old apartment had hot water supply, but the new one only had a gas water heater. Such a deal is unacceptable.

The operation of selling housing purchased with the help of MSK can be considered legal

Important! When selling any housing that has been owned for less than 3 years (property registered before 01/01/2016) or less than 5 years (property registered after 01/01/2016), a tax is required. Its size is determined by the cadastral value.

You should consider 3 options for a real estate transaction.

Selling an apartment where there are no minors

With such a transaction, practically no problems arise with signing the sales contract, provided that all owners of the property being sold have the consent. It is necessary to obtain it, since when purchasing an apartment with MSK funds, according to the law, all family members must be documented as full owners.

After concluding a purchase agreement or signing a certificate of commissioning of housing, Rosreestr issues a certificate of common ownership of the apartment by the whole family. Therefore, when selling, it is necessary to obtain permission from all owners for this transaction.

If the entire family is an adult citizen, then no additional documents are required.

If the entire family is adult citizens, then no additional documents are required to sell the apartment

Important! Consent is provided in writing. The signature on the document is certified by a notary.

Sale of real estate with minor citizens

When concluding a transaction for the sale of real estate, Article 21 of Federal Law No. 48 of April 24, 2008 must be observed. If the procedure affects the property interests of a minor, then it requires the mandatory receipt of permission from the guardianship authorities. Such a document is necessary to register a transaction in Rosreestr.

The nuances of selling an apartment purchased with maternity capital

Government programs in Russia are constantly improving the material components of young families. Maternity capital grows, which increases the possibility of purchasing real estate. Apartments and houses are in first place in the distribution of certificate funds.

There are situations when you have to sell purchased property. The question arises: is it possible to sell an apartment purchased with maternity capital? Of course, this is the right of any property owner. But there are a number of nuances that make the sales process quite difficult.

Reasons for selling housing purchased with public money

For example:

• moving to another country (city);
• acute shortage of funds;
• death of one of the breadwinners;
• moving to another existing home;
• health problems in one or more family members;
• buying another home.

Are there any restrictions when selling an apartment?

According to the laws of the Russian Federation, when purchasing real estate using family capital, all family members become its owners. Everyone has the right to own, regardless of age - newborns, children under 3 years old, teenagers. The share of each tenant is stated in the documents for the purchase and sale of housing.

Its size varies depending on the number of residents, the needs and age of each family member. Therefore, if you want to sell the property, permission must be obtained from all owners.

Important! If another child is born, he also becomes a co-owner and the shares of all family members are redistributed.

According to the laws of the Russian Federation, decisions for minor owners are made by guardianship authorities. It is difficult to sell real estate in which minor children live. If all children are over 18 years old, this will facilitate the sales process. It is enough to sign a consent to sell to all family members who have a share in these square meters.

In the event that the apartment has been owned for less than 3 years (if registration after January 1, 2016 - 5 years), if it is sold, you must pay tax. But if you sell an old apartment and buy a new one in the same tax quarter, there is no need to pay a duty.

Obtaining permission to sell from the guardianship authorities and the necessary documents

Russian law always favors the interests of the child. The reason for the sale of real estate must be compelling in the minds of not only the family, but also the guardianship representatives. There are several schemes for selling real estate purchased with maternity capital.

What is an apartment mortgage?

In any of them, obtaining permission to sell from the guardianship authorities is paramount.

1. It is necessary to provide a child (children) under 18 years of age in the property being purchased with a share equivalent to his or her share in the property being sold. In this situation, you need to find a buyer for the current housing, and a seller (or developer) for the purchased one. Conclude two initial agreements with them at the same time. Submit them to the guardianship authorities to receive an answer.

Attention! In order not to be in debt, it should be stated in the contract that the proposed buyer and seller will not demand monetary compensation in the event of refusal by the guardianship authorities.

1. It is required to open accounts for each minor child and transfer money to them for the share of the apartment specified in the agreement. A certificate of valuation, in this situation, is not required; the value of any part of the property is specified in the contract. You need to bring to the guardianship not a certificate from the bank, but an extract from the agreement, which states the amount that the child should receive into the account.
2. If the parents have another home, the children can be registered there. Each child should be given a share of property that corresponds to the living conditions and square footage of the previous share.

Attention! Guardianship authorities have the right to check the condition of the proposed living conditions. If appropriate conditions for children are not met, the proposed transaction may not take place.

When submitting an application to sell an apartment using maternity capital, the following documents are required:

• an application from parents or guardians filled out in a form that contains all information about the family. As well as the reason for the sale of property and the further improvement of the children’s lives (in the absence of one of the parents or guardians, a supporting document must be provided);
• original marriage or divorce certificate;
• birth certificate of the child (children);
• passports of parents and child (children), if 14 years old;
• certificates for the proposed property;
• a certificate indicating the estimated value of housing;
• a certificate from the settlement department with a note indicating that there is no debt for utility services;
• certificate of ownership of the property being sold;
• if there is housing in which the child (children) has a share, an evidentiary document must be provided;
• if you intend to pay the child (children) money for his share of the apartment, you must provide a certificate from the bank.

After approval by the guardianship authorities, there is a condition - permission to sell real estate is issued for 3 months. Therefore, the purchase and sale agreement must be provided within 3 months from the date of receipt of the permit. Otherwise, you will have to submit a request to the guardianship service again.

Important! If you risk bypassing the guardianship service and concluding a purchase and sale agreement without permitting documents, the deal will sooner or later be cancelled.

It happens that a person takes out a mortgage loan for real estate and pays the down payment or continues to pay off the principal debt with the help of maternity capital.

At some point he needs to sell this property. Here a problem emerges - the apartment is pledged to the bank, the so-called “encumbered” living space. And until a person pays off the mortgage debt, it cannot be sold. This confusing situation can be solved. There are several options.

The first option for selling an apartment taken on a mortgage with maternity capital: sell the apartment to a person who will know that it is secured and will pay the rest of the debt for you.

Attention! This is possible if the agreement between the owner and the bank does not specify restrictions on this account. Most often they exist and are valid for the first couple of years.

The seller and buyer draw up a purchase and sale agreement. The latter pays the bank the balance of the mortgage debt. Next, the encumbrance is removed from the living space. This is registered in Rossreestr. The buyer is officially recognized as the owner. If the real estate was sold for more than the price of the mortgage debt, the balance is transferred to the previous owner.

The second option is that the mortgage loan is completely reissued to the buyer, and ownership of the encumbered property is assigned to him. He becomes the defendant on the loan.

The third option - in most cases, after the guardianship is resolved, the process occurs in this way - the seller takes written permission from the bank to sell the mortgaged property.

Next, the transaction is registered with Rosreestr and the property becomes the property of the buyer.

Underwater rocks

This type of transaction is concluded without risk for both the buyer and the seller. Since all mortgage loans are recorded in the Federal Registration Service database, as well as the completed transaction itself.

When it is issued, the bank (non-profit organization) authorizes the loan only after registering the housing in the Federal Registration Service database.

Consequently, you buy an apartment, during registration it is registered with the Federal Registration Service and they check whether it is collateral for a mortgage loan.

Whether it is worth selling an apartment purchased with maternity capital is a personal matter for everyone. There are forcing situations in life. You can take out a mortgage and after a while not be able to pay it off.

In this case, it is better to sell the home. The debt will be paid by the new owner. This is better than, after accumulating a large amount of debt, the bank takes the apartment, puts it up for auction, and sells it for next to nothing.

  The debt to the bank will remain almost the same, only there will be no apartment.

How to buy an apartment if there is no money?

Risks for buyers of real estate purchased using a family certificate

Unfortunately, despite the scrupulous conditions for the sale of an apartment purchased with maternity capital, not all parent sellers remain executory after signing the papers.

1. First danger. According to the laws of the Russian Federation, if parents do not comply with the provisions of the contract and the children live in inappropriate conditions, the transaction can be canceled at any time until the child (children) comes of age.
2. Second danger. If the terms of the contract were not fulfilled, but were not recorded in any service, then after reaching adulthood the child has the right to sue within three years to terminate the transaction for one reason or another (for example, the parents did not provide him with the promised share).

In both situations, the buyer will suffer equally. He will have to give the property back to the owners in its original condition.

Only the price will be much lower than the original one (due to inflation, increased taxes, and deliberate underestimation of the real cost of housing).

The trial will take quite a bit of time, during which the apartment will be sealed. Therefore, at a minimum, you need housing for this time.

You need to be extremely careful when entering into these types of transactions.

How to speed up the sale of an apartment?

There are several tricks to speed up solving these problems:

• It is better to draw up paperwork for the sale of existing housing and the purchase of a future one at the same time. Permission from the guardianship authorities can be obtained quickly and easily;
• if you take the issue seriously and follow all the rules for filing and transferring documents, this will also make it possible to speed up the sale;
• It’s better to hire a realtor as an assistant (this will also reduce the risk of fraud);
• discuss all the details in advance with the intended buyer;
• You should consult with the guardianship authorities in advance to be sure of their consent to the transaction.

Important! If the apartment offered for sale was purchased by the previous owner less than 3 years ago, and its cost is more than 1 million rubles, the tax on its purchase will be very high, so if you have time, it is better to wait.

for free

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

If you intend to sell an apartment purchased with maternal capital funds, it is necessary to respect the property interests of the children. Otherwise, representatives of the guardianship authorities will refuse to carry out the purchase and sale transaction. If housing was purchased through a mortgage loan, a positive decision must also be obtained from the bank. Let's look at how to sell an apartment purchased with maternity capital .

The procedure for selling a home is complicated by registering property rights. It is shared among all family members - even small children. In relation to housing, shared ownership is registered, which is complicated by the presence of property interests of minors.

According to Art. 2 clause 36 of the Civil Code of the Russian Federation, before conducting a purchase and sale transaction, it is necessary to obtain permission from representatives of the guardianship authorities.

To achieve a positive decision, you will need to follow the following rule: each family member must have a share in the purchased housing. Even if the child is very small, he is still a full owner of the home.

Thus, it will not be possible to sell the apartment and move in with relatives - it is necessary to provide housing for the children.

When checking documents, guardianship officials look for the following factors:

• whether minors are deprived of a personal share in housing;
• whether the living conditions in the new apartment comply with the standards established by law, and whether they worsen after the move.

If the children have already reached the age of majority, then there is no need to contact the guardianship authorities - the transaction will be completed as soon as possible.

The task of representatives of the guardianship authorities is to make sure that minors will live in the new apartment on conditions that are no worse than the previous ones, and will also receive their shares in the amounts due to them.

1. Procedure

Parents will need to come to the office of the guardianship authority, which is part of the municipal administration. In large cities - for example, in the capital or in St. Petersburg - a special department is assigned to each district. The pre-required address must be clarified.

Next, parents fill out an application with a request to obtain permission to sell the housing purchased with maternal capital. When parents plan to sell an apartment and buy another, information about the distribution of shares in both residential premises should be provided. You can ask the institution’s employees about how to correctly fill out the application. Marks and corrections are unacceptable.

After this, the parents sign the application and attach a package of collected documentation to it.

2. Required documents

Required documents include the following:

• a statement drawn up by the parents of minors or their guardians;
• if children are over 14, an application will be required from them, and if they are already 10, written consent to conduct the transaction;
• certificate of registration or divorce of marital relations;
• documents for both apartments – both the one being sold and the one being purchased;
• certificate of absence of utility debts;
• certificate of paid taxes.

The application and package of documents are considered within a month, but if everything is in order, then a positive decision can be issued earlier. The written permission contains the decision of the head of the municipality and his signature.

The document is valid for 3 months, after which the positive decision loses its legal force. For this reason, it is necessary to conduct a purchase and sale transaction promptly.

Within a month after registering the purchase and sale transaction, parents will need to provide the guardianship authorities with documentation that establishes the fact of the transfer of ownership rights.

Domestic legislation establishes the following legal ways of selling housing purchased with maternal capital.

1. Determining equal shares for children

After the sale, minors receive shares in the new housing, which are the same in size as in the previous one. Living conditions should also be at least the same.

To use this method, you need to find someone who wants to purchase a home, as well as a developer from whom the new apartment will be purchased. Next, 2 preliminary agreements are drawn up - with the seller and the buyer - which are submitted to the guardianship authorities for review.

2. Placement of funds

In this situation, parents or guardians place money in accounts that are registered in the bank for the children. The amount of funds must be the same as the value of the children's shares.

You will need to issue a certificate of the value of the share and hand it over to the guardianship authorities. There is no need to evaluate shares.

After consent has been received from the guardianship authorities, funds can be placed in the accounts - but not before.

3. Changing the size of shares

In such a case, you will need to contact an appraiser and get a certificate from him about the value of the share in the apartment being sold. The cost must be reduced within the permitted limits.

After this, you need to issue a similar certificate for another apartment, where the shares for children are overestimated within acceptable limits.

Domestic legislation answers this question negatively. There is a limited list of situations in which it is permissible to sell an apartment purchased with maternal capital, and the main reason is the acquisition of housing that is more comfortable and spacious.

The only option is to take out a loan for the construction of a private house, build it, and then contact the guardianship authorities. The employees of the institution will make sure that the housing is comfortable, it has all the necessary communications, and the materials for construction are of high quality.

Only after this will they issue permission to sell the apartment. The proceeds from the transaction can be used to repay the loan.

Often, when applying for a mortgage, the down payment is repaid using capital funds.

Money from the certificate can also be used to partially pay off the debt.

If the apartment was purchased with a mortgage, then it is pledged to the banking institution until the debt is fully repaid. If people living in it plan to make a purchase and sale transaction with housing, they will need to obtain a positive decision from the bank.

• As a result, in connection with the sale of a mortgaged apartment, parents will need to obtain a positive decision from two institutions - the bank and the guardianship authorities.
• In addition, you will have to find a buyer who is ready to purchase housing on similar terms and pay off the debt.
• If a buyer is found and all required solutions are received, the buyer takes the following actions:

• Transfers funds to a bank account in an amount sufficient to repay the down payment;
• Renews the loan agreement and assumes all financial obligations associated with monthly payments until the debt is repaid in full;
• After the debt is repaid, the encumbrance on the apartment is removed, and the buyer re-registers the property in his own name.

1. As for the seller, from the moment the purchase/sale agreement is concluded, he gets rid of monthly financial obligations to the bank.
2. It is necessary to take into account this fact: the cost of a mortgaged apartment is less than the market price, so parents of minors will lose money.
3. In such a situation, it will be necessary to ensure the property rights of children in the following ways:

• Contact an employee of the notary agency and draw up a document with him that confirms the allocation of shares to the children within 6 months from the moment the purchased apartment is occupied (if the purchase and sale transaction is carried out without the allocation of shares);
• Indicate another housing where the children will receive their share;
• Prove the fact that the parents plan to transfer funds to their children’s accounts, the amount of which corresponds to their share of the apartment;
• Provide documents proving the fact that the proceeds from the sale of the apartment will be spent on expensive treatment or education of the minor.

In the following situations, parents risk receiving a refusal to approve the transaction from guardianship officials:

• in the apartment that is planned to be purchased, more people will be registered than in the old housing, and as a result, the area per person is less than permissible;
• the owner selling the apartment refuses to check out immediately after the purchase and sale transaction;
• To purchase a new apartment, mortgage lending or installment plans are used (the housing is pledged to the bank, and if financial difficulties arise, parents and children will lose their apartment - and domestic legislation cannot allow this).

Parents also need to consider tax issues. If the cost of the apartment is more than 1 million , and the duration of ownership is less than 5 years, then they will need to pay a significant tax of 13% . For this reason, sometimes you should wait if there is no immediate need to sell.

Many parents are interested in whether there are ways to speed up the purchase and sale transaction. But the only way to quickly sell an apartment is to simultaneously execute two contracts - the sale and purchase of housing.

And if the children will soon turn 18, then it is worth waiting until they reach the age of majority - in this case, you will not need to contact the guardianship authorities, and the apartment can be sold promptly.

Selling an apartment purchased with capital is a complex procedure, since there are objective risks for buyers.

• The transaction, carried out bypassing government agencies, will be recognized as illegal, after which it will be challenged. After the sale is declared illegal and invalid, parents must return all previously received funds. The buyer will receive only the amount that he paid for the apartment himself, and the cost of housing at the time of the court decision may increase significantly. If the seller in this case does not have the required money, then he will deduct feasible amounts every month, which will last for many years.
• Minor owners whose property rights were violated by the sale of an apartment initiate legal proceedings. The limitation period for appeal is 3 years after reaching the age of majority, that is, owners can apply to the court until they are 21 years old.

To protect themselves, the buyer will need to conduct a thorough inspection of the apartment, and this takes a lot of time. Often you have to turn to lawyers and realtors - specialists will track the history of real estate and prepare all the necessary documents.

Selling an apartment purchased through maternal capital is a lengthy and difficult procedure. The situation becomes more complicated if the home is under mortgage.

The problem is not only in collecting a voluminous package of documents and obtaining a positive decision from employees of the guardianship authorities (and in the case of a mortgage, from the bank), but also in finding a suitable buyer who is ready to purchase housing on similar terms.

The buyer of such an apartment risks facing significant problems in the future. For example, if the property rights of children have been violated, then they have the right to initiate legal proceedings within 3 years from the moment they reach 18 years of age.

If you have any questions, our duty lawyer is ready to advise you free of charge ↓

When can I sell an apartment purchased with maternal capital?

Tomsickova/Fotolia

Elena Vasilyeva, General Director of Foros Audit, answers:

You can sell housing purchased using maternity capital at any time. Of course, if the cost of the purchased housing is paid in full at the time of the transaction, and there are no other encumbrances (mortgage, etc.).

If the transaction was not suspicious, that is, for example, you did not purchase housing from your relatives or at a deliberately inflated price, then you can sell the housing even the next day after registering ownership rights to it.

Is it possible to sell housing purchased with maternal capital?

Is it possible not to register an apartment purchased with maternal capital for children?

In a situation where you are not sure that no one will be interested in your transaction, you can wait three years (this is the statute of limitations) and sell the apartment after this period has expired.

But you must take into account that in order not to violate the rights of minor children who participate in a transaction involving maternity capital, you need to provide them with other property (share in an apartment, house) and in terms of area, cost and amenities no worse than the apartment you intend to sell. Simply registering children in a new living space is not enough.

Leading legal consultant of Est-a-Tet company Yulia Dymova answers:

Maternity capital is issued to the mother so that she can improve the living conditions of her children, who a priori should be the owners of this housing. You can sell this property at any time, since there is no moratorium on maternal capital, but the children must immediately be given property in some other place or fulfill another requirement of the guardianship and trusteeship authorities.

Lawyer Roman Kharlanov answers:

Maternity capital assumes that it can only be spent on a child.

Accordingly, if the apartment was initially purchased with the participation of maternal capital, then when selling the apartment, this child must have property in another place, with an area no less than it was (more is possible). This is monitored and strictly regulated by the guardianship authorities.

And if this condition is not met, the guardianship authorities may suspend the transaction for the sale of the apartment. So “simply registering” a child at a new place of residence is completely insufficient.

How to sell an apartment where 1/3 belongs to a minor?

Can an ex-husband claim a share in an apartment purchased with maternal capital?

Natalya Karetova, legal consultant of the Domodedovskoe office of the secondary market department of Inkom-Real Estate, answers:

In order for the legal requirements to be met at the time of sale of the apartment, it is necessary to fulfill all the conditions for the provision of maternity capital.

Including giving all family members shares in the apartment purchased using maternity capital. It is also important to obtain approval from the guardianship and trusteeship authorities for the sale of such housing.

As a rule, approval of such transactions occurs on the condition that at the same time another housing will be purchased in the name of minors.

Typically, guardianship authorities check that new housing is no worse than the one purchased using maternity capital funds.

In this case, the decision is made individually: for example, the guardianship authorities may approve the purchase of housing with a larger area in an area with less developed infrastructure or the purchase of housing in another region if the parents provide documents confirming a change of job.

In addition, you need to keep in mind that if the property was purchased using bank loans and the encumbrance has not yet been repaid, then it is necessary to obtain the bank’s consent to sell the apartment. And the bank, in turn, can set additional conditions and restrictions for the transaction.

Elena Mishchenko, head of the urban real estate department of the northeastern branch of the NDV-Real Estate company, answers:

By law, you have an obligation to give your children property in the apartment that was purchased using maternity capital. However, there is a nuance regarding real estate paid for using credit funds.

If there is a mortgage, parents are required to give their children ownership of the apartment within six months after the debt is fully repaid.

After fulfilling this requirement, they can sell the apartment at any time, having previously received permission from the guardianship and trusteeship authority to sell the home.

Is it possible to buy an apartment from relatives for maternal capital?

My daughter-in-law bought my house with maternity capital, and took the money for herself. What to do?

Natalya Guzanova, General Director of North-West Legal Alliance Law Firm, answers:

Since the apartment was purchased using maternity capital funds, the owners of this apartment are also minor children.

The law does not contain any restrictions on the period of alienation of such an apartment, but when parents carry out transactions with real estate where children own property, such transactions are carried out under the control of the guardianship and trusteeship authorities.

Guardianship authorities closely monitor compliance with children's rights, so in order to receive a positive answer regarding the future sale of an apartment purchased using maternity capital, you will need to prove the following:

• after the sale, the children will not lose their share in the property rights (parents guarantee that they will be allocated a share in the future/existing additional apartment in an amount no less than it was previously);
• Living conditions in the apartment where children are allocated shares must comply with sanitary standards and, in addition, must not be worse than existing ones.

Only in this case can permission be obtained, without which the sale of housing is impossible. Registration (registration) of children at the new place of residence is not of paramount importance.

Lawyer Sergei Golovin answers:

According to the law, when purchasing an apartment using maternal capital, you had to register the purchased property in the name of all family members: mom, dad, children. Shares are established upon purchase and may be unequal.

The legislation on maternity capital does not contain restrictions or prohibitions on the purchase or sale of real estate by time period. There are two possible options here. If your children are adults, then there are no special restrictions on selling an apartment.

But if they are still minors, then you need to obtain permission from the guardianship and trusteeship authority to dispose of this apartment.

Without permission, you cannot register the transfer of ownership of an apartment with the registration service.

To obtain permission to sell the child’s share, you must contact the guardianship authority at your place of residence with an application. This permission is issued after checking the documents and talking with the child.

The following will be checked: whether the interests of the child are violated, whether the living conditions will deteriorate, whether the child will receive a share in the property no less than that which he owned before the sale.

In order to obtain consent, it is better to find the apartment you will buy in advance (before submitting the application) and conclude a preliminary agreement with the seller.

You also need to remember that if you have owned an apartment for less than three years, and when purchasing an apartment with maternity capital after January 1, 2016 for less than five years, you will need to pay personal income tax. To avoid this, try to conduct the purchase and sale in the same tax period.

• If you bought an apartment with a mortgage, then, among other things, you will need to obtain the bank’s consent to this transaction.
• Text prepared by Maria Gureeva
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The articles do not constitute legal advice. Any recommendations are the private opinion of the authors and invited experts.

Is it possible to sell an apartment purchased with maternity capital in order to purchase another and if so, how?

The Russian Federation provides a program to support large families, called maternity capital. Many citizens use funds received from the state to improve their living conditions by purchasing new housing.

But sometimes a family faces the need to sell an apartment purchased with maternal capital. About the features of the procedure for selling an apartment with a mat. capital and will be discussed in this article.

To solve your problem RIGHT NOW get a free LEGAL consultation: +7 (499) 504-88-91 Moscow

Are transactions of this kind permissible?

Methods for using maternal family capital are prescribed in Federal Law No. 256, as well as in the Civil Code of the Russian Federation.

In accordance with Art. 7 and Article 10 of Federal Law No. 256, large families are allowed to use state budget funds to purchase real estate .

If the child has reached the age of majority, then the sale of property is allowed in the usual manner , without additional options. However, when children are minors, the sale of housing purchased with federal funds is carried out with the permission of the guardianship and trusteeship authorities, which provide control over the rights of the minor child.

In addition, when selling an apartment with MSC, it is necessary in return to have new housing that meets a number of requirements:

1. Square . The area of ​​the new property, taking into account the shares of each owner, especially the child’s share, should not be less than in the previous apartment, which was purchased using the certificate.
2. Living conditions . The new apartment must fully comply with sanitary and construction standards that apply to residential real estate. This means that new housing must be suitable for living and use.
3. Allocation of shares to children . Taking into account the peculiarities of using maternity capital, parents are obliged to provide their children with a share in the new property, the size of which will not be less than at the previous place of residence.

When are they possible?

Federal Law No. 256 does not contain prohibitions or restrictions on the sale of an apartment purchased with funds from the state budget, but despite this, civil and family legislation provides for requirements that are related to the protection of the interests of minor children.

Real estate acquired with state support is registered as shared ownership for each family member, which means the mandatory allocation of part of the apartment for the child (see clause 4, article 10 of Federal Law No. 256). Accordingly, the sale of property requires the consent of the guardianship service .

The law does not specify the time period within which a permit is issued, but in practice this period is 90 days.

It is worth noting that the period of validity of the document is regulated by the resolution itself and depends on the specific living conditions of the family, but it is recommended to sell the property within a month after receiving permission (see Letter No. 09-M “On the protection of housing rights of minors” dated 02/20/1995).

In a situation where the period of validity of the permit has expired and the transaction has not been registered, it is necessary to re-submit the application to the guardianship service.

Step-by-step instruction

So what needs to be done to sell housing purchased on MK, for the sake of purchasing other real estate, or if it is necessary to build a house? In addition to standard procedures, it is necessary to carry out a number of the following activities.

OO&P approval

In order to obtain permission to sell real estate, you must contact the guardianship and trusteeship authorities at your place of residence.

Parents draw up a statement indicating their intention to sell the apartment . After submitting the application, POiP employees conduct an interview, which must be attended by spouses and children over 14 years of age.

The following list of documents must be attached to the application:

• parents' passports;
• children's birth certificates;
• Marriage certificate;
• consent to sale on behalf of a child aged 14 to 18 years;
• documents for an apartment for sale;
• documents for new housing.

In order to approve the request, POiP are required to make sure that the interests of the child will not be violated, and that the apartment purchased in return meets the living conditions. In addition to the interview, the service has the right to conduct a site visit to ensure that the child’s rights are respected firsthand.

In rare cases, consent to sell is issued on the condition that the proceeds will be transferred to a special account and a new apartment will be purchased within a month, although this period is not reflected in the legislation.

Do not forget that POiP may refuse to issue a sales permit; among the main factors for refusal are the following:

• new property is purchased in installments and this worsens the living conditions for the child;
• there are more residents registered in the purchased apartment than in the previous place of residence (for example, the previous owner decided to leave the apartment after the sale).

After the guardianship services make a positive decision on the application, permission is issued to the parents within 14 days from the date of approval .

Signing preliminary agreements

For transactions related to the sale of real estate purchased with the help of an MSK certificate, it is typical to conclude a preliminary agreement in 2 copies for both counterparties.

This agreement serves as a guarantee for the guardianship authorities and the Pension Fund that the transaction will take place.

The documents record all the terms of the future agreement, and the signatures of both parties are required.

Contact Rosreestr

To submit documents to the Rosreestr authorities, you must prepare:

1. application for state registration of the agreement;
2. contract of sale of an apartment;
3. act of acceptance and transfer of real estate;
4. permission from the guardianship and trusteeship authorities (see Part 2 of Article 37 of the Civil Code of the Russian Federation);
5. receipt of payment of state duty;
6. documents confirming the use of the MK certificate.

What to do if your home is mortgaged?

Often, if the property was purchased with credit funds, and the last part was paid off with maternity capital funds, then buying a new apartment in a new building or building a house will be problematic. The fact is that OOiP will not allow the children’s shares to be sold until there is new housing where the children can live.

For example : Citizen Zaitsev is going to sell the mortgaged apartment for which he paid off the MSK and buy a new one under the DDU or build a private house for his family. But, OA&P will not approve the sale, since you can buy housing on the secondary market or already almost completed. This is due to the fact that the developer may go bankrupt and construction may be suspended indefinitely.

Useful video

We invite you to watch a video on how to sell an apartment purchased with maternity capital:

Conclusion

Sale of real estate with mat. capital has a number of features that must be observed for the successful completion of the transaction. It is important to remember about permission from the guardianship and trusteeship authorities , the drawing up of preliminary agreements, as well as the interests of the child in relation to living conditions.

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