Redemption, purchase of a share in an apartment with maternity capital - purchase with maternity capital from relatives in 2023

Buying a share in an apartment with maternity capital is an excellent option for families that have had a second or subsequent children to solve their housing problems. However, such a transaction is not always possible, since the use of a family certificate has a number of features and requirements that recipients of this form of support must follow.

Buying a share of an apartment: features of the transaction

The Russian government, understanding the seriousness of the problem, has offered at least some solution to families with 2 or more children. We are talking about maternal capital. The allocated money can be used to purchase your own home. But these funds are not always enough for a full purchase, which is why families decide to purchase at least part of the apartment. This question is especially often asked by people who:

1. do not have their own savings;
2. they do not receive high wages;
3. cannot get a mortgage from a bank due to low income or the inability to confirm it, or bad credit history.

All together, it deprives a person of the opportunity to save the remaining amount to buy an entire apartment or at least borrow money from the bank for the remaining amount.

When it comes to buying a share in an apartment, it is understood that it has all the amenities necessary for life (bathroom, kitchen). Typically, a share is a dedicated and officially registered part of the premises. These, for example, include a room in a communal apartment.

The living space itself becomes the property of several families at once. Moreover, by law they have a pre-emptive right to buy out the second share if one of the owners decides to move and sell part of the apartment belonging to him.

Features of using maternal capital

Maternity capital has been issued to Russian families for more than 10 years. The program allows you to receive financial support for those citizens who, after the start of its operation, had 2 or subsequent children. Actually, the very fact of the birth of a child is the basis for obtaining a family certificate.

The legislation strictly establishes what needs a family can spend the money allocated to them. Buying a home is one of the most popular ways. Moreover, you can use the money:

• until the child turns 3 years old, if borrowed funds from the bank are used for the purchase;
• only after the child reaches 3 years of age, if the purchase is made exclusively with one’s own funds and maternity capital money.

The size of maternity capital has increased significantly during the period of the program. Today it is equal to 453,026 rubles. For Russians, this is a large, but not sufficient amount to buy their own home in the form of an apartment. Even in small cities the price is higher. As a result, people have to use their money additionally, go to the bank, or buy a share in an apartment.

Is it possible to spend MK on a share in an apartment?

Federal Law No. 256-FZ contains detailed information not only about the ways of spending maternity capital, but also about the features of the transactions made. For example, you cannot buy any kind of housing with the allocated money. If we are talking about purchasing a share in a one-room apartment, then the Pension Fund will reject the application for spending maternity capital. Executing a transaction with a share is possible only in two cases:

1. if the last share in the apartment is purchased;
2. if the housing meets a number of requirements stated by law.

Moreover, in both cases, purchasing a home is possible only if it is located on the territory of the Russian Federation. The law does not provide for the purchase of foreign real estate with maternity capital money.

Buying the last share

This transaction format is quite common in Russia. For example, a family has its own share in an apartment together with its relatives (parents, brothers, sisters). After the birth of their second child, they were given a maternity certificate. Then the parties decided that the owners of the capital would buy out the second share from relatives and become full owners of the apartment. There are no obstacles to completing such a transaction. The main thing is to fulfill a number of conditions:

• officially conduct a share purchase transaction;
• make all family members (yourself, spouse and children) the owners of the apartment.

It is important that the transaction is not fictitious. What does this mean? That until the moment of the transaction, both parties actually lived in the same territory, and then the party that sold its share must move out of the apartment. Otherwise, the Pension Fund may consider that in this way the family decided to illegally cash out maternity capital.

Buying a share

The situation is much more complicated in a situation where a family decides to buy a share in an apartment where it was not previously the owner, or if the purchase of one of the shares does not mean that the family becomes the full owner (for example, buying 1 room in addition to the 1 available in 3, 4 room apartment).

Pension Fund employees rarely approve such transactions using maternity capital. There can be many reasons for refusal. If a family wants to make a purchase, then before completing the transaction, they need to make sure that the chosen housing meets a number of requirements:

1. the rooms in the apartment are privatized, and the seller is the full owner of his square meters;
2. the entire package of documents has been prepared for the room and apartment, including a cadastral passport and title papers;
3. the room has its own isolated exit that does not lead to other rooms (that is, you need to buy a room whose doors go to the corridor);
4. the housing is suitable for habitation (the status of dilapidated or emergency housing has not been established);
5. there are no encumbrances imposed on the apartment and the share in it that the family is going to buy;
6. the apartment is not included in a specialized fund (we are talking about dormitories and communal apartments; if the apartment has one of these statuses, then you will not be able to buy a room in it).

The list of requirements is quite large, so before making a transaction it is necessary to clarify all the details.

Transaction procedure

• it will not be possible to cash out the money - it is transferred directly to the seller of the apartment;
• the transfer of money occurs after the transaction has been completed (and not every homeowner will wait for money; many simply refuse to use maternity capital);
• To transfer funds, you must obtain permission from the Pension Fund; if the application is closed, then no one will transfer the money to the seller.

Sellers extremely rarely agree to sell housing with a mother’s certificate due to the need to wait for money for 1.5 - 2 months. In this case, you can contact the bank for a loan. After the funds are transferred to them, the obligations will be repaid.

The purchaser of the share must contact the Pension Fund with a package of documents, including a certificate, identity cards of all family members, a purchase and sale agreement and real estate papers. Additionally, you will have to draw up and notarize a written undertaking that after the transaction is completed, all family members will become owners of the purchased property in equal shares.

When buying a home or a share in an apartment with capital, it is important to remember that later it will not be easy to sell it - you will have to obtain permission to complete the transaction from a higher authority.

Purchasing a share in an apartment from relatives using maternity capital in 2023

If you are planning to have a second child and are having problems with living space, then this article is for you. Here we will consider all the main issues regarding the purchase of a share in an apartment from relatives using maternity capital.

Maternity capital in 2023

Today, maternity capital - the amount allocated by the state to support the material level of a family with two or more children - is issued in the majority of regions of the Russian Federation, except for those where alternative measures are provided or a high birth rate has been established (for example, in Tatarstan).

Why are we talking about such families? The fact is that Russian legislation does not provide for this subsidy for the first child in the family. Although this option would significantly increase the birth rate in the country.

This issue has been discussed more than once at the government level, but so far remains unchanged: mothers who give birth to a second, third, etc. child will receive maternity capital.

This benefit can also be received by a family that adopted a second or more children from January 1, 2007 to December 31, 2023. You can receive maternity capital and cash it out at any time (even after the end of the program). That is, everyone is free to choose when and where to spend the funds allocated by the state.

The possibilities for this are:

• educational (payment for kindergarten, school, hostel for the child);
• housing (repair, purchase, construction, mortgage);
• pension (mom's savings).

Why are we talking about cashing out? Money is provided only in non-cash form (certificate) and it is not possible to receive it in person. Loans secured by the certificate are not issued.

Who can count on maternity capital:

• a Russian citizen who gave birth to a second or third child after January 1, 2007 (but only if a certificate was not issued);
• Russian man, single, who adopted a second and third child before January 1, 2007;
• father (citizen of any country), if the mother is deprived of parental rights;
• the child himself (a minor) or a full-time student at a university (up to 23 years old), but on the condition that the parents have lost the right to maternity capital.

How to return income tax when buying an apartment

Loss of the right to maternity capital

Is it possible for a family that has already received a maternity capital certificate to lose all rights to it? It turns out yes. This happens if:

• the child died before the age of three;
• the baby’s citizenship has changed;
• the court revoked the right to adoption;
• the period of guardianship has expired;
• the person in whose name this certificate was issued has died.

In these situations, ownership of the certificate can be transferred to the other parent or adoptive parent.

If it has been noticed that a parent (adoptive parent) is committing criminal offenses against a child, it is realistic to deprive such villains of parental rights through the court, and maternity capital will be cancelled.

If the certificate is lost or damaged, the rights to it remain in force.

Registration of maternity capital

To do this you need to do the following:

1. Come to the Pension Fund for registration.
2. Write a corresponding application (ask the secretary for a sample).
3. Attach birth records of children, your passport, adoption documents (if any), papers confirming family ties (if you and your children have different surnames).
4. Indicate the citizenship of the children.
5. Your application will be reviewed within a month.
6. Receive a certificate in your hands.

Maternity capital size in 2023

Many Russians are interested in the size of this family assistance in 2018. Now it has been increased (compared to 2016) by 5% and amounts to 475,000 rubles. But there is, as mentioned earlier, also a regional subsidy.

To find out the amount, you can contact the institution (social security service or district administration) where it is calculated. On average - 100-150 thousand rubles (for example, in Moscow and the region in 2014 - 100,000 rubles).

This subsidy is permanent and is not indexed, although local authorities can increase it if they take the initiative.

Using maternity capital to improve housing conditions in 2023-2020

Today, there are several directions for improving living conditions with the help of maternal capital. Let's look at them:

You want:

buy an apartment (the seller must agree to pay using the certificate; money can be transferred after the child’s third birthday);

• buy a house (only a residential building, suitable for living for a whole year; you can only buy the building, but not the land on which the house stands);
• buy a share of housing (this is part of a residential building, apartment, room);
• You cannot buy a dacha, just like a plot of land.

Build a house:

• independently (at first you receive 50%, after six months - the remaining funds);
• hiring workers (full payment immediately).

Repairs are not permitted, but reconstruction is possible:

• it is allowed to add one more room;
• you can convert the attic into a second floor, etc.

How can you sell an apartment purchased with matkapital money?

If you have any misunderstandings about these issues, you should contact your local Pension Fund office for clarification.

Is it possible to use maternity capital to buy a share in an apartment from relatives in 2023

It was already mentioned earlier: with maternity capital money you can buy a share in an apartment from relatives. How to do this and where to start? Experts clarify: there are two cases when this money is used to purchase a share of housing:

1. An isolated room in an apartment (a room or several). Please note that part of the room is far from isolated.
2. Buy all the shares, that is, the apartment will completely belong to this family.

Some nuances:

If the premises are not isolated in the apartment, the Pension Fund will deny you the use of maternity capital funds. Go to court and, perhaps, get permission to buy an impassable room in a two-room or three-room apartment.

If the share is in a one-room apartment, there is a definite “no” both in the Pension and in court.

According to Article 250 of the Civil Code of the Russian Federation, there are rules for buying a share in an apartment from relatives. Does your relative own some share of the home (1/2, 1/3, 1/8, 2/3, 3/4, etc.)? This means he has every right:

• dispose of your part in the apartment at your own discretion (sell, bequeath, donate, take out a loan against it);
• agree or disagree to a deal with you (negotiate, persuade, ask and bow deeply to get the desired consent and buy the corresponding share in the apartment).

Your actions:

1. You persuaded your relatives (mother-in-law, mother-in-law, brother, ex-husband, etc., depending on the situation) to sell you his share in the apartment.
2. Discuss the assigned price.
3. The seller, after your conversation over tea and buns, notifies all participants in the common property, and in writing (indicates the price and terms of sale).
4. For a month you think about, discuss, discuss this topic with all interested parties.
5. Consider yourself lucky, and none of the participants wanted to buy out the share in the apartment you are interested in; proceed with the paperwork.
6. But this relative can also offer his share in the apartment for sale to any friend or stranger, if he has the specified amount.
7. If the month given for reflection has not yet ended, or a relative accidentally forgot to tell you about the transaction with a stranger, feel free to go to court - they will help you restore the buyer’s rights to a share in the apartment.

When purchasing a share in an apartment from a relative using maternal capital funds, all actions are similar to those described. The only exception: you cannot enter into a deal with your husband/wife, because these funds belong to both spouses (thus, you buy a share in the apartment from him for his own money).

If you are going to buy someone else's share, you must recognize the right to this property of all members of your family - husband/wife and children. The question arises: why such a formality if everyone lives together? We answer: there are a lot of cunning people who want to get cash in their hands in this way, planning to buy a share of the apartment from each other.

To protect against fraudulent schemes, the Government of the Russian Federation has approved a corresponding bill. It completely excludes the organization of the microfinance sector, and consumer credit cooperatives need to work in the market for about three years.

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Redemption of a share in an apartment with maternal capital

Despite the current trend towards a cessation of growth in real estate prices, for the majority of citizens of our country, maternity capital funds are not enough to acquire separate housing without additional investments. A suitable option for increasing living space with the help of maternity capital may be to purchase a share in an apartment. You can use the certificate to purchase part of an apartment either from a relative or from another person.

Buying a share of an apartment from relatives

According to the law, maternity capital is used to purchase part of the selected apartment if the following basic conditions are met:

• the share represents a separate room (one room or several);
• After purchasing a share, the entire property becomes the property of the purchaser.

It is very important that the share is separated from other living space, because according to the law, the use of the certificate must facilitate the purchase of a separate home.

To approve the transaction by the Pension Fund of Russia, the allocated share must meet certain requirements:

• isolation from other living spaces;
• suitable for permanent residence;
• does not violate the various regulations applicable to this type of housing.

It should be noted that it will be possible to buy part of the apartment or all of it using maternal capital without applying for a loan or a loan only after the child turns 3 years old.

Required documents

To register the purchase of part of a relative’s apartment, the Pension Fund is provided with:

• statement of intention to use maternal capital;
• certificate and copy;
• passport of the person in whose name the certificate was issued;
• SNILS number of the person submitting the application;
• marriage certificate and passport of the spouse (if he is a party to the transaction or a co-borrower on the loan);
• original birth (adoption) certificates of children;
• purchase and sale agreement, certificate of ownership;
• an agreement with a bank on the provision of a loan or mortgage, if one has been concluded. The purpose of funds should be the purchase of a specific object.

In addition, a certificate from the bank must be attached indicating the balance of the debt to repay the loan or mortgage (principal amount, interest), as well as a notarized document that certifies the fact of allocation of shares to children and parents.

Deal Features

Despite the fact that transactions between relatives are legal, there are a number of important features that must be taken into account:

1. Conducting a transaction only for the purpose of cashing out certificate funds is illegal. There must be a change of owner of the living space.
2. A husband and wife do not have the right to buy out a share from each other, but it is allowed to enter into an agreement with other close people, for example, between a mother and a child;
3. You can receive a property tax deduction if the transaction is carried out between non-related parties. These include: an individual, spouse, parents (adoptive parents), children (also adopted), full and half brothers and sisters, guardian (trustee) and ward.

Allocation of shares to children

According to the law, the purchased residential area is registered with the mandatory determination of the shares of the mother, father and children. Parts are allocated for everyone. Shares are also given to children born after completion of all necessary procedures for purchasing a home.

Shared participation must be registered for the entire family, regardless of the square footage of the property being purchased. At the same time, a transaction where only minor children are the owners may be considered illegal. Shares are allocated no later than six months from the date of transfer of capital to the seller’s account or after the removal of encumbrances, if they are provided for in the contract.

In what cases is purchase not possible?

It is a violation of the law to purchase part of the housing located outside of Russia. The condition of the purchased premises is also a determining factor. If its depreciation exceeds 50%, the Pension Fund may refuse to transfer funds.

To ensure the security of the transaction, the Pension Fund may conduct an on-site inspection of the alienated premises. Based on its results, a decision is made on its suitability for habitation. After this, it becomes possible to purchase a share in such premises.

Buying out a share in an apartment from strangers

Purchasing part of an apartment from a third party is not illegal. However, it is necessary to take into account a number of requirements for such housing. A share can be one or several rooms in a multi-room apartment.

Purchasing a room in a one-room apartment is not possible. This situation involves purchasing the entire apartment. Buying a room with the help of maternal capital is possible only if the requirements for its isolation and isolation are met. In other words, documentary evidence of ownership of a separate room.

In ordinary apartments, it is extremely rare that a room is a separate property. Therefore, here we can talk about the possibility of buying a room in a communal apartment, where personal accounts are separated.

You cannot purchase a room in a dormitory. The purchase of such living space is possible only if it belongs to the private housing stock.

Since the transfer of funds is possible only after registration of the transaction, the purchase and sale agreement must contain the following information:

• Payment for housing in full or in part will be made using a maternal capital certificate. The transfer will be made by the Pension Fund to the seller’s bank account.
• The period during which buyers undertake to provide the necessary package of documents (until full payment is made, the property is pledged).

List of documents

To purchase part of a third-party’s apartment, you must submit to the Pension Fund:

• statement of desire to sell maternal capital (filled out on the spot);
• certificate and its copy;
• passport;
• SNILS number of the person submitting the application;
• marriage certificate and passport of the spouse (if he is a party to the transaction);
• birth (adoption) certificates of children;
• an extract from the state register confirming the absence of fines and debts;
• original purchase and sale agreement, certificate of ownership;
• an agreement with a bank on the provision of a loan or mortgage, if concluded. We indicate the acquisition of an object as a goal.

In addition, there must be a certificate from the bank indicating the balance of the debt to repay the loan (principal amount, interest), as well as a notarized document that certifies the allocation of shares.

When they can refuse

The pension fund will refuse if the housing is located outside the Russian Federation. Another factor is the condition of the said premises. If the Pension Fund of the Russian Federation recognizes the housing as unsuitable for habitation, the transaction will not take place.

Features of buying a share in a private house

Current legislation does not prohibit purchasing a share in a residential building using maternity capital. For the transaction to be approved, a private house must be equipped with a heating system, running water (water must be potable), and electricity. In other words, the house must be suitable for living in it all year round.

The documentation must indicate that the house has residential status. The most important structures comply with building regulations. The height is less than three floors. The location of the house must be a plot of land for individual housing construction in a populated area. The share must have a separate entrance and be isolated.

It should be remembered that many houses are not registered in ownership with the allocation of shares. Often a residential building has the status of joint ownership. In such a situation, there is no way to find out exactly who owns this or that part of the living space.

If a house with two owners is divided, its status changes and it becomes a residential building with two apartments. Transfer of money for the redemption of part of such a house is possible only after the procedure for its division has been carried out. Shares in such a house are called separate apartments if they have a separate entrance and premises separated from other owners.

To buy out a share in the house using mat funds. capital, it is important that the certificate of ownership contains information that it is an apartment or part of a residential building.

Is it possible to buy a share in an apartment for capital?

Managing partner of Metrium Group Maria Litinetskaya answers:

The possibility of purchasing a share in an apartment using maternal capital depends on whether it is allocated in kind or not. In other words, if we are talking, for example, about a mother with two children who wants to purchase a room in a multi-room apartment (that is, a share allocated in kind), then in this case the Pension Fund will most likely make a positive decision on issuing maternal capital for the purchase housing.

If this family wants to buy a share in a studio or one-room apartment, that is, a share that is not allocated in kind (since it is impossible to buy a single room and leave the other owners with a kitchen, hallway and bathroom), then the Pension Fund is unlikely to give the go-ahead for such a transaction. However, even in case of refusal, the client can go to court and challenge the decision of the Pension Fund.

Roman Azatyan, legal consultant of the My Family Lawyer company, answers:

You can buy a share in the apartment in which you live with maternity capital. The main thing is that the family’s living conditions actually improve, that is, other persons must sign out from the share being sold, otherwise such a transaction may seem to the Russian Pension Fund to be imaginary, carried out for the purpose of cashing out funds.

The family must register this share as common joint property. If we are talking about purchasing a share from relatives, then the law prohibits purchasing real estate from a spouse, since maternity capital is issued to the family as a whole.

Oksana Storozhuk, head of the division of the Sibpromstroy Group of Companies, answers:

Using maternity capital funds, a share in an apartment can be purchased from relatives in two cases: if the funds are used to buy an isolated room (except for a one-room apartment) or if your family buys all the shares in the apartment in full.

For example, a family lives in a one-room apartment, which is owned equally by the husband and his sister. The relative is no longer going to live in the premises and agrees to sell her share, after which the living space will become the property of the spouses and their children.

If the premises in the apartment are not isolated, it will be possible to buy an impassable room in a “kopeck piece” or “three ruble” with maternity capital only by a court decision.

In the case where the apartment is in common ownership, you first need to agree on the allocation of a share in square meters to everyone who lives in this living space. This decision should be registered, after which you will be issued a certificate of ownership for a certain share in the apartment.

When selling a share to relatives, the seller must notify all participants in the common property, and in writing (the value of the share and the terms of sale must be indicated).

After the official announcement of the sale, all participants in the transaction are given a month to think about it.

After this period, it will be possible to make a transaction, including a buyout using maternity capital, in two legal ways - buy directly from the owner of the share or buy on credit.

But permission can only be obtained when the child reaches three years of age. By the way, to carry out any transactions involving a child, you must obtain permission from the board of trustees.

If the share purchase is approved, the transaction will be registered.

You can also buy a share in an apartment on credit. The bank will issue the required amount, and maternity capital money is used for repayment, and you should not wait for the due date to execute the transaction. However, not every organization provides funds for the purchase of a share, and interest rates also play an important role.

Content marketer, Sterligov and Partners Law Firm Natalya Ivanova answers:

From personal experience. In 2014, I bought a share in the apartment using maternity capital. To do this, it was necessary to register the entire apartment as family property.

The apartment was privatized for 4 owners: two shares belonged to the husband's parents, one share to the husband, one share to the eldest daughter. First, we bought the share from one parent under a purchase and sale agreement for money.

Then we bought out the last share under a purchase and sale agreement using maternal capital. Funds for maternity capital were transferred to the father-in-law's bank account.

The whole procedure took us more than a year. Basically, the problem was that different authorities named different lists of required documents, lost some of the provided copies and, instead of requesting the missing documents, simply refused to accept the application to the Pension Fund.

By the way, in the end we did not need permission from the child guardianship authority, although we were sent there. The Pension Fund of Russia believed that the sale of a share in a privatized apartment, where the owner is a child, violates his rights. Guardianship in this scheme did not reveal any encroachments on the size of the child’s share, since his share was not involved in the transaction and remained untouched.