A contract for the sale of an apartment with a mother ' s capital (model)

How does a sale with a mother's capital work out?

The processing of the sale of an apartment using the means of mammary varies according to the manner in which the purchase is paid.

1. The scheme is: the family goes to the bank, takes the mortgage, processes all the documents and applies to the FP of the Russian Federation for payment; the Fund reviews the collected papers and decides on them within a period of not more than two months, after which the money is credited to the bank in an anonymous manner for repayment of the loan.
2. Real property is purchased from the family ' s own funds, and the claimant provides the FP to the Russian Federation with documents on the sale transaction and is awaiting payment to the seller from the fund.

In our view, it is more logical and cost-effective to establish a division at the stage of the transaction; first, there will be no need to go further to obtain new ownership certificates; secondly, there will be no need to pay the public service other than those required for the primary registration of the transfer of ownership.

If the holder of the certificate does not do so for some reason, even after a notarization obligation has been drawn up, then her spouse (the father of the children) or the Public Prosecutor ' s Office has the right to bring an action to the court to compel her to do so.

Thus, we will highlight three aspects that are important for the processing of maternal benefits in the Russian Federation ' s FF:

• The loan contract must necessarily specify its purpose - acquisition of housing;
• There should be no mortgage from borrowers other than spouses;
• The right of ownership of the purchased dwelling is allocated only to family members and not to other relatives.

However, these requirements, as the case law has shown, are not unconditional; the holders of the certificates for the uterus have been able to prove their right and the FP of the Russian Federation has paid the funds.

For example, the family bought a part of the house that was adjacent to their own housing.

The Fund refused to pay, but it was decided in court that the purchase extended the family area and therefore the transaction was not contrary to the requirements of the Improvement of Living Conditions Act.

In practice, there may be a situation where a mother remarrys a person who is not the father of her children, in which case the right of ownership of the apartment being purchased is established.

The Fed of the Russian Federation refuses to transfer money if the father of the children is not the owner.

However, if the divorce of the father took place after the transfer of the funds of the uterus had begun, but before the transfer, the former spouse would be entitled to share in the apartment.

How do you get the money from the Russian FP to buy real estate?

The family decided on the way to buy an apartment and decided to go to the FP of the Russian Federation. Let's talk again about the fact that if real estate is purchased with loan funds from the bank, it is possible to use the mother's money immediately after the birth of the second and subsequent infants, but if personal savings and certification are used, the youngest child will have to wait three years to perform.

Credit payments for the purchase of housing

The FRF of the Russian Federation authorizes the conclusion of loan contracts with:

1. The credit institution (bank) is not a microfinance organization.
2. A consumer cooperative that has been operating for at least three years.
3. A different organization that issues a mortgage and meets the requirements that the legislator imposes on credit organizations.

Documents to be submitted to the FRF of the Russian Federation:

• :: A certificate for the mammary;
• Statement;
• Marriage certificate;
• SNILS card;
• Passport;
• A loan agreement;
• :: A certificate from the borrower on the balance of payments;
• A copy of the certificate of ownership of the dwelling or a copy of the contract of equity participation in the construction (if the property is purchased in the new building);
• A document that will confirm the transfer of money from the bank.

The owner of the uterus certificate may direct funds to cover several loans; the amount is not limited by the legislature.

Processing of home purchase payments from own funds

After the youngest child is 3 years old, parents who have bought an apartment for cash have the right to apply to the FRF of the Russian Federation to compensate for the costs of the certificate, which requires the collection of the following documents:

• :: A certificate for the mammary;
• Statement;
• Passport;
• SNILS card;
• Marriage certificate;
• Registered contract for the sale of an apartment;
• A certificate of ownership.

Important! If real property has been acquired in instalments, and therefore its ownership is transferred only after all the payments have been completed, the FRF of the Russian Federation shall provide a certificate indicating the debt at the time the documents are made available to the fund.

Model contract for the sale of real property from maternal capital

The models of a contract for the sale of real property with the use of uterus are quite large; the terms of the transaction change to a specific situation. We recommend that attention be paid to the following points:

1. If the dwelling is registered as the joint property of all members of the family, the preamble of the agreement must already list all parties to the transaction, indicating the full FIO, date and place of birth, the passport, the sex and the address of the registration.
2. The details of the item being purchased are detailed: address, area, number of rooms, cadastral number, right of seller, etc. All of this is necessary for the subject matter of the transaction to be easily identifiable.
3. The value of the contract: The indication of the total amount and the manner of payment - it is at this point that the parties state that a portion of the funds will be transferred to the account of the seller (account number) from the FRF of the Russian Federation within a specified period of time.

The seller provides a guarantee that the real estate is not encumbranced, on bail, etc., i.e. the flat is clean and ready to be sold.

At this point, attention is also drawn to the fact that very often unfair salesmen "forget" relatives who, for example, are not so far away and are listed as living quarters, but these very relatives remember this fact, and when the release period comes, they appear on the doorstep.

As of 01.03.2013, the registration of the sales contract has been cancelled and the parties must now register only the transfer of ownership from the seller to the buyer.

What else is worth knowing?

The Russian Federation ' s FF checks all documents relating to the sale transaction and the subsequent transfer of the funds.

We therefore recommend that you carefully read all the texts of the agreements. If a mistake is found in the treaty, it must be corrected as soon as possible.

Where the transfer of ownership is registered, the parties have the possibility of concluding a supplementary agreement to the contract.

The funds of the uterus cannot pay the penalty or the loan contract; only the principal debt; it is also impossible to purchase with real estate and land – only an apartment/house.

The housing must be located in the territory of the Russian Federation and must be registered either as joint property of all members of the family or in the name of the holder of the certificate/husband.

And finally, the most pressing question is: cashing in the funds of the uterus, which is not possible at this time; the Fed of the Russian Federation transfers funds only in an anonymous way.

However, there are those who wish to circumvent the requirements of the law and receive 453,026 rubles in hand, for which there are pretending transactions.

However, in such cases, not only those who provide such services, but also the holders of the certificate with the uterus, who have agreed to do so, will face criminal punishment.

Buying an apartment with maternal capital: video

A contract for the sale of an apartment using mother ' s capital

The mother ' s capital is paid to the families in which the second and subsequent children are born; this amount of State assistance is intended to improve the living conditions of parents and children.

This article will set out the rules for the acquisition of real property with maternal capital, also address the possibility of selling a bought dwelling and the nuances of the contract of sale.

How can we use maternal capital to buy housing?

The use of maternal capital funds is strictly regulated at the legislative level - FL No. 256 (the relevant text of the law can be obtained from:Reference).

This 2006 legislation states that maternal capital may only be obtained and used when the second or subsequent child has reached the age of 3.

In order to acquire real estate, it is necessary to meet the requirements laid down by the State, including:

• New housing, which is planned to be purchased under a sales contract, must be in accordance with the standards of residence;
• Mortgage housing should be located within Russia;
• A contract for the sale of an apartment or house shall be made in accordance with all legal provisions;
• In making a request for public assistance in the form of maternal capital, the purpose of the fund-raising is to acquire a living space;
• When buying an apartment (home) from the funds of the mother ' s capital, the interests of the minor children are to be taken into account and a share of the property is to be awarded to them in the new dwelling area.

When a family with more than one minor child meets the above requirements, the following actions are followed:

• Prepare a package of specific documents;
• To draw up a contract of sale with the owner of the acquired dwelling or with a credit institution in the event of the purchase of the mortgage;
• Send an application to the Pension Fund for the issuance of maternal funds for the purchase of real estate.

It matters!The State does not pay the mother ' s capital in cash, may transfer the money to the parents only in cash, and on the basis of the application, cash assistance may be transferred directly to the credit institution providing the possibility of buying an apartment under the sales contract.

Can you sell an apartment?

The law does not specify a "no" for the sale of an apartment registered as a mother's capital as the first contribution, but one nuance needs to be taken into account for the sale transaction.

One of the conditions for the issuance of family funds for the purchase of housing is the granting of a share of property to minor children; therefore, for the sale of real property, approval is required from the specialized guardianship and guardianship authorities.

The institutions monitor the interests of children under 18 years of age.

The procedure for obtaining formal approval from the guardianship authority begins with the collection of binding acts.The following papers must be collected for the application:

• Father ' s and mother ' s passport;
• The birth certificate for infants and, if the children are 14 years old, their identity card is provided;
• Housing rights;
• Sales contract;
• The child ' s approval of the disposal of housing: such a document is required to be made available to a care institution if the child is 14 years of age;
• Acts for the purchase of an apartment (home);
• A contract for the sale of new housing.

If the parents do not submit all the documents to the guardianship and guardianship authorities, the application will not be considered.

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

According to the rules of the law, in the event that the funds of the mother ' s capital permit the purchase of housing, they are transferred to the seller ' s account; if the State aid is not sufficient, the parents invest their funds or loans; in such a situation, the personal parental funds are transferred to the seller and then financial support is provided from the State.

The Civil Code regulates the contract of sale.

downloading Russia ' s HC

For the purchase of a dwelling, it is important to draw up a contract of sale correctly; the document must be in writing; there must be no paperwork or corrections in the sale document.

The information constituting the text of the treaty must not be false, but must contain only correct and accurate information.

If these conditions are not met, the contract of sale will be declared null and void.

In accordance with civil law, the contract for the sale of real property for the purpose of living on the basis of mother ' s capital specifies the following mandatory information:

• Address, number, month and year of the contract for the sale of the dwelling;
• Passport data:
  • Name, patronymic and first name;
  • A series of identity cards;
  • Number;
  • Date of issuance of the document;
  • The responsible agency for the issuance of this act.
• Detailed description of the accommodation to be purchased:
  • Address;
  • Quantity of square metres;
  • Number of rooms;
  • Floor;
  • Other data.
• An indication of the cost of the housing facility;
• The rights and obligations of the seller and buyer;
• The conditions for the issuance of the transmission document;
• Liability of the parties to the transaction in the event of failure to comply with the terms of the contract of sale;
• The signatures of the parties.

The example provided can be used for the correct formulation of the sales contract.

To download a sample of the sales contract

The contract of sale must be certified by a specialist in a notary office, and the notary must be paid a State duty to mark it, the amount of which is set by the tax law, which currently amounts to 200 roubles.

List of documents

Any transaction in writing requires the provision of documents demonstrating the lawfulness of its conclusion.The following documents should be collected for the purchase and sale of an apartment using maternal capital:

• Identification of the parents who have received the means of uterus from the State;
• Personal documents of the child - passport or birth certificate;
• Documents confirming that the dwelling is owned;
• The mammary certificate.

The list presented is general and, depending on the situation, other papers may also be required; for example, a certificate of trust should be provided with the notary office ' s mark if the parent, rather than the parent ' s representative, is responsible for the transaction.

Acquisition of part of the dwelling using maternal capital

According to the law, it is possible to buy a share in an apartment with maternal capital.This possibility is granted in the following circumstances:

• The part of the living space to be purchased is a separate room, e.g. a separate room not passing through;
• All dwellings may become the property of the buyer if he buys her share in the first place.

The law allows for the acquisition of a share of the dwelling only when the dwelling is suitable for the living of minor children and parents, and it must also comply with sanitary standards.

If you have any questions, consult a lawyer.

You can ask your question in the form below, in the window of an online consultant at the right of the screen, or call the numbers (round the clock and without the weekend):

• 8 (800) 350-83-59- All regions of the Russian Federation.

A contract for the sale of an apartment with a mother ' s capital: sample filling

In general, maternal capital is not used for any purpose, but for certain purposes only; for example, in order to improve housing conditions, it is always possible to spend it on these ends. If you look at statistics carefully, people spend the money exclusively on the purchase of new housing.

In any case, it would not be possible to carry out such a transaction without a contract, so it was customary for him to pay greater attention.

Model contract for the sale of an apartment with a mother ' s capital

Study carefully articles 7, 550 of the Criminal Code of the Russian Federation, after which it will be possible to know whether the document has been concluded in writing, with all the necessary data on:

1. It is customary to refer to persons who are entitled to the housing to be sold;
2. It could be a buying family, the apartment itself;
3. Real property rights;
4. Contract price, timing of payment;
5. Date and place.

Note that the treaty is compulsory to register, which is the most important condition; only when this is done will the instrument be in force.

In order to get the contract right, you always have to be careful, otherwise you can't count the contract as valid, and in some cases it's better to go to lawyers.

So we recommend that we go over it one more time:

1. First of all, this applies to the order of numbers, paragraphs of the document;
2. The unit code that issued the passport;
3. Place of birth of children;
4. The fields where the date and time should be present should not be filled in.

To download a sample of a contract for the sale of an apartment using maternal capital.

To download the contract form for the sale of the dwelling using maternal capital.

It is important to see how real estate purchases actually take place, using money from maternal capital; for example, it is possible to do so by means of a mortgage or, without it, the decision is yours.

If there is a chance and a high income, of course, it's worth making a mortgage for real estate, which was the most attractive thing, so it's a loan repayment, using the money of maternal capital. At that point, if the income isn't big, then the algorithm is naturally different.

The parties to the transaction must collect a package of documents that are essential for the establishment of such a contract, and the contract that will be registered must be transferred to the pension fund, and they must wait until it is approved by the fund's staff.

It is important to learn all the nuances in order to avoid difficulties during the transaction.Here they are:

• If you pay off the loan that you have previously issued, you will note that the money on the certificate is used only to pay off the principal of the debt;
• A portion of the money will be transferred from the account of the Pension Fund of the Russian Federation;
• The money is transferred to the buyer ' s account and, of course, the children must be the owners of the dwelling.

It is only when all conditions are met that mistakes can be avoided in the form of a contract.

Ready step-by-step instructions for purchasing a mother-in-law dwelling

A growing number of families are now using their mother ' s capital to pay for an apartment or house; cash assistance in 2018 amounts to 453,026 roubles; this amount is not sufficient to cover the full cost of housing, but it greatly eases the burden of housing payments.

General schemeThe purchase of real estate for maternal capital is as follows:

1. The transaction with the seller and the registration of the buyer ' s property rights in Rosreister are the first to take place, since only after the conversion of the real estate will the Fund ' s staff assess the housing according to the law.
2. Submission of payment documents to the RPF: The Fund ' s consideration of the application will take one month, after which it will decide whether or not to pay.
3. Payment of money: If the transaction is in order, the RPF pays the money on the certificate, which is transferred to the buyer ' s or bank ' s account if the mortgage is to be paid.

We will further elaborate on the key points of the procedure for the realization of maternal capital.

Conditions of use

A mother ' s capital can only be spent if all the conditions laid down in the law are clearly met:

1. As a result of the transaction, the family must own an entire property, usually buying an entire apartment or house, but in some cases it is permissible to buy a share – only if the whole property is made available to the family as a result.
2. Housing must be habitable and cannot be purchased by emergency, demolition or old-fashioned property.
3. Mother ' s capital is directed towards improving housing conditions; if the transaction results in a deterioration of the family ' s situation, the RPF will not pay the money (see the real estate requirements below for details).
4. Housing must be located on Russian territory.
5. Children must be provided with shares in the housing purchased; this is ensured in the course of the transaction or through a notarized obligation to allocate shares in the future.
6. Transactions with spouses are prohibited and close relatives (e.g. parents) are generally not subject to scrutiny, which involves the prevention of illegal cash transfers and the possibility of criminal prosecution of fraud.

Separately identifiedcondition of the child ' s ageAs a general rule, maternal capital can be realized only if the child has reached the age of 3, but in some cases it is permissible to obtain money before the age of three:

• If the dwelling is purchased as a mortgage, it is permissible to repay the loan or to pay the first deposit;
• If the family already has a loan (credit) for the purchase of housing, it can be repaid with maternal capital.

Make sure to pay attention toReal property requirements:

1. You can buy an apartment (home) in the secondary market, a DDS apartment or a facility under construction with at least 70 per cent readiness.
2. The dwelling should be a separate insulated room in the IDC, not in the basement (the cap).
3. Housing shall meet the requirements of sanitary and technical standards and regulations:
   1. There are heating, water supply and drainage systems (depending on the characteristics of the built-up area);
   2. The air shall be heated evenly during the heating period;
   3. The living rooms and kitchens shall have natural lighting through the windows.
4. Housing must meet the requirements of the area.
5. If a house is purchased, it must be built in accordance with all building requirements, a building permit, and a design document.

If there is an unharmonized remodeling in the apartment, it will not be possible to obtain the funds of the uterus for its purchase.

It is generally impossible to double maternal capital, but a number of developers have social programmes that reduce the cost of housing by double the amount of maternal capital.

Features of selling to a buyer through a uterus

If the buyer buys an apartment under uterus, the seller will be able to obtain his money at least two months after the State registration of the transfer of ownership of the new owner, due to the lengthy procedure of verification of the transaction by RPF employees.

As a result, sellers are looking for ways to protect themselves, protect their interests and obtain payment as quickly as possible.

1. Directly under maternal capital (without mortgage).

The contract states that part is deposited by the buyer ' s own savings and that part of the money will be paid to the seller from the funds of the mother ' s capital after registration by the State, and it is usually set up until the day of full payment by the seller to encumber (bail) the dwelling in favour of the seller.

This option is more convenient for the buyer because it does not need to attract additional sources of financing, but if the RPF does not approve of the transaction, the buyer will have to find other ways of paying is already the seller's risk.

1. Using credit facilities (mortgages).

The buyer enters into a mortgage contract, calculates the credit with the seller and, once the transaction with the Fund has been agreed, transfers the funds of the parent capital to the bank; this option is preferable to the seller because there are virtually no risks; and the buyer will have to bear the costs of processing, receiving and returning the credit.

Which of the above options to choose – depends solely on the decision of the parties; in any case, the buyer never receives cash from the Fund – the calculations are made directly between the RPF and the seller (or RPF and the bank) through bank accounts.

How to put it in a sales contract: sample

The first phase of the use of maternal capital is the conclusion of a sale of housing, with particular emphasis on the drafting of a contract.the condition of partial payment of the dwelling using maternal capital.

The condition of payment may be written as follows:

"The calculation between the parties shall be in the following order:

Cash in the amount of ___________________ dollars shall be the personal funds of the buyer and shall be transferred to the seller on the date of signature of the present contract.

Amount remaining

is paid out of the funds of the parent (family) capital on the basis of the State ' s certificate of maternal (family ' s) capital, in cash, in accordance with the territorial authority of the RPF, to the account (bank account) of the seller in accordance with the name of the seller ' s bank (click here the legal address:________________________________________________________________, sh/s, INN________________, BIC________________, PRD________________, PCP________________, after the State registration of the present contract and the transfer of ownership to the Office of the Federal Public Registry, Inventory and Cartography Service (name of your region) to the purchasers within ___ days (months).

The buyer's liability for payment shall be deemed to have been fulfilled from the date of the final receipt of the funds in the seller's account."

After signing the basic contract, the documents are submitted for registration to Rosreest, 5 to 14 days after the date of submission of the documents, the State registration of the buyer ' s ownership rights is carried out.

Once the procedure has been completed, a package for RPF needs to be established:

1. Statement of capital management: The form can be found on the Fund ' s website or in the territorial office.
2. Certificate (duplicate of certificate) for maternal capital.
3. The complainant ' s passport and SNILS.
4. Marriage certificate.
5. A copy of the contract for the sale of an apartment (home) with a State registration mark.
6. Exit from the EGRN to the apartment (home).
7. If the dwelling is not owned by parents and children in proportion, the notarized obligation to place the dwelling in the common share of all family members.

The documents are submitted to the territorial authority of the RPF. Once the papers have been received, the Fund ' s specialists begin a thorough review of the transaction.Remittances of maternal capital.

For more information on the purchase of a mother-in-law dwelling, see the video.

The funds are transferred directly by the Fund to the seller or bank, depending on the applicant ' s particulars, and the procedure for verifying the transaction is usually up to two months.

In the event that the Fund refused to pay, such a decision would have to be appealed through the court.

Will it be possible to sell housing later?

The future arrangements for a flat can take into account a number of characteristics that depend on the age of the children.

1. If the children are 18 years old.

In this case, the matter is resolved without recourse to the guardianship and guardianship authorities; the sale of the apartment may take into account the views of all the partners; such transactions must be notarized, since they involve the sale of shares of property.

If one of the co-owners of the apartment decides to sell their share separately from the other owners, it will be necessary to notify the other owners of the priority right of purchase.

1. If the children are minors.

In this case, the child ' s interest in the sale should not be compromised, so you will have to prove that the children will receive shares in the other dwelling.

Most often, it is an alternative sale – a transaction aimed at simultaneously selling their homes and buying new ones.

Such a transaction, together with the standard documents, would require authorization from the guardianship and guardianship authority.

Councils

1. Carefully check the deal for compliance with the law before you file documents with the RPF, which will avoid the risk of refusing to transfer the money.
2. If your buyer pays for an apartment using maternal capital without mortgage, write in the contract a pledge clause for the dwelling until the time of full payment.
3. Before preparing the documents, consult with your RPF staff to obtain up-to-date information.
4. If you sell an apartment purchased as a uterus, contact a specialist for help in the processing of documents.

A contract for the sale of a mother ' s dwelling: sample

The contract for the sale of housing with maternal capital is governed by general rules, with the exception of some additional paragraphs: the conditions for taking risks in the event that the RPF refuses the grant, the time frame and the procedure for granting the residual purchase money less the subsidized funds.

Prior to the transaction, the certificate holder family must apply to a notary office to draw up an agreement on the allocation of shares for children, as this is a mandatory condition for the use of maternal capital.

Options for transactions

The mother ' s certificate is a State subsidy programme under which the grantee (family) can use the funds in one of the pre-established areas of implementation, one of which is the improvement of living conditions.

Under the sales contract, there are two options for the transaction:

• Mortgage relations;
• Buying ready-made housing without borrowing from the creditor.

• It is important to understand that assistance in the form of a certificate can compensate both for part of the purchase value of the facility and for its full value.
• Before the family decides to pay a subsidy for sales obligations, it must obtain a permit from the RPF, which controls the legality of the disposal of funds.
• Features:

1. In practice, difficulties may arise because the procedure for obtaining the approval of a transaction from the FIU is long and requires a large volume of paper;
2. Regardless of the option of a transaction involving the use of a uterus to improve current living conditions, parents are obliged to allocate shares of ownership of children in the newly acquired facility.

Nuances in a transaction

The principal authority that grants the mother's certificate and approves its use is the FP of the Russian Federation. In implementing the grant, the family is required to coordinate all actions with the said institution, as well as to provide a package of documents from each of the parties to the legal relationship.

In the absence of one of the required documents, the RPF is entitled to refuse to administer the grant, in which case the transaction will not take place, since the amount of the equivalent certificate will not be transferred to the seller of real estate.

The seller carries minimal risks when selling real estate in credit for maternal capital because it is legally protected.

A contract for the sale of an apartment or house by partial/full payment of the purchase value by means of maternal capital shall be drawn up in the presence of a notary.

The model document is as follows:

• Name of contract;
• Date, place of compilation;
• Buyer ' s information;
• Information on the seller;
• Subject matter of the transaction describing all individualizing characteristics:
• Type of real estate;
• Address;
• Inventory number;
• Floor;
• Area;
• Wall material;
• Year of construction;
• Cost of the facility;
• Form of settlement of the transaction:
• An indication of the partial/full repayment of maternal capital;
• Paragraph on how to pay the missing purchase price difference;
• Time frame for the performance of the mutual settlement obligation (residual provision and full release of the living space);
• Information on the party bearing the burden of payment of transaction costs (usually the buyer);
• Risks of non-compliance arising from legal relationships on maternal capital (payable to the primary recipient - buyer);
• Claims for transfer of funds under the transaction;
• Signature of the parties.

To download a sample of a contract for the sale of a mother-in-law dwelling.

The deal algorithm

If the family, in addition to its maternal capital reserves, has sufficient money to buy an apartment without a mortgage agreement, the sequence of transactions will be as follows:

1. Find the object;
2. Notify the seller of the use of maternal capital, reach consensus on the transaction;
3. Prepare documents (each counterparty has a package);
4. Ask the notary for a contract;
5. Make a commitment to provide "child" shares;
6. Agree with the RPF by issuing a statement and the required amount of paper to confirm the validity/legality of the transaction;
7. Re-register the triad of rights from seller to buyer;
8. Carry out partial settlement of obligations;
9. Wait for the transfer of maternal capital to the credit of the performance of the terms of the contract (two to three months after the application to the authority);

A loaned sales transaction involving the bank ' s capital is subject to a further review of the creditor ' s security system.

In this case, maternal capital can be contributed:

• As an initial contribution;
• The repayment of interest on overpayment and part of the principal amount of the debt (the latter is granted on a residual basis).

Features:

• According to the legal regulations, credit and financial institutions are not entitled to refuse to use a certificate to repay a portion of the debt when making mortgages;
• Sberbank is still one of the most reliable and loyal banks in the world today, and a government grant can be implemented much faster than in other organizations.

Necessary documents

1. Original certificate;
2. The seller ' s passport;
3. Buyer ' s passport;
4. Birth certificate or passport of each family member;
5. A certificate confirming the marriage;
6. A certificate from the RPF showing the balance of the grant;
7. Agreement on the sharing of children ' s shares;
8. Preliminary and basic contract for the sale of the facility;
9. Certificate of re-registration of the triad of rights;
10. Exit from EGRP;
11. Act of reception/transfer;
12. Mortgage contract (in the course of a transaction involving a bank);
13. The bank ' s consent to the payment of maternal capital for the performance of a mortgage obligation;
14. Act of independent valuation of real estate;
15. Schedule for payment of payments;
16. Residual mortgage debt;
17. A receipt of advance/residual ransom from the seller;
18. Right-wing documents for the former owner ' s immovable property;
19. Certificate of non-debt for utility payments;
20. Bank account to which the grant will be transferred

Agreement on the distribution of shares

1. The realization of maternal capital for the purchase of a dwelling is accompanied by the obligation to form an agreement by which a immovable property becomes a joint property.
2. These circumstances are justified by the fact that the grant (mathematics) is a family preference, which means that each member of the family is entitled to it.
3. The agreement in which parents undertake to provide children with a part of the property is notarized and reflects the following points:

• Name of document;
• Information on the sides of the relationship (parents, children);
• Information on real estate;
• The procedure for giving shares (the proportion may be proportional to the amount of authority of only one parent or each parent equally);
• Percentage moving to the triad of children ' s rights;
• Date, signature.

The time it is necessary to proceed with the determination of shares depends on the manner in which the immovable object is acquired:

• If the dwelling, the house is bought from the family ' s own savings and the subsidy, the shares must be allocated and reflected in the title documents at the time of the State registration;
• Real estate acquired under the mortgage and uterus contract becomes equity after the conclusion of the debt, but no later than six months.

Conclusion

In order to use the maternal capital in a sales transaction, the RPF must be notified in accordance with the application procedure.

The duration of the review and verdict on the possibility of a subsidy in the set-off of the purchase price is about two to three months.

This algorithm is based on the letter of the law, so any derogation or circumvention would be grounds for the cancellation of the transaction or the right to a priori subsidy.

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Model contract for the sale of an apartment with a mother ' s capital

You can use your mother ' s capital for the purchase of secondary housing as well as for the construction of a percentage, and you can also spend your certificate to pay off mortgages, but all of these, except for credit, will have to wait three years from the birth of the child, and virtually all such real estate transactions have the following characteristics:

• The Pension Fund must be involved in the sale;
• Children are entitled to ownership of property acquired;
• Parents are authorized by the guardianship and guardianship authorities to administer the child ' s share.

Any housing acquired using maternal capital will be conditionally burdened, but the main difference is the presence of another participant in such transactions.

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Models of a contract for the sale of an apartment using maternal capital can be used to improve living conditions; according to statistics, more than three million families have already spent their capital on the purchase of housing.

In order not to make a mistake in the documents by making arrangements for the purchase of a new apartment, attention should be paid to writing a sales contract.

A contract for the sale of real property using maternal capital

All additional conditions should also be indicated in the text of the contract of sale;

• If the child is under three years of age, he or she should first obtain a housing loan and then write a letter to the Pension Fund Office and request that the funds from the mother ' s capital be transferred to cover the mortgage (Article 7 Attention to FL 256).
• All other nuances should be clarified in the local executive committee.

The main purpose of the law on maternal capital is to ensure a good future for children, and normal living conditions are an integral part of that provision. Maternal capital can be used for the common good of the family, but it must take into account the needs of the child.

The sale of a share of the dwelling for maternal capital includes a number of restrictions on the use of mat capital for housing.

Sales contract using maternal capital

Maternal capital is one of the methods of government support for families.

It is issued to the mother of two or more children once in her life and is a certificate that can be spent for purposes strictly prescribed by law.

As a result, the majority of families who have received public assistance seek to improve their living conditions, for example, they can buy a new home or apartment with maternal capital.

In practice, however, many find it difficult to use budget money to buy real estate, the purpose of this article is to help understand the nuances of a legal transaction with maternal capital.

Moreover, we will consider how the relevant sales contract can be properly and legally concluded and whether such a transaction is subject to income tax.

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The procedure for selling or buying an apartment using the mother ' s family capital includes many important points that need to be considered in more detail. In this regard, note all existing real estate encumbrances as well as other terms of the transaction.

• Select an apartment that meets the requirements of the whole family;
• Agree on the terms of the transaction with the seller;
• To enter into a contract of sale;
• Set up a reception and transfer document;
• Register the transfer of ownership in Rosreestre;
• To apply to the Pension Fund and provide requisitions for the disbursement of funds;
• Pay the necessary amount to the seller ' s account.

The budget application itself is reviewed by the fund for up to 30 days.

A contract for the sale of a mother ' s dwelling: a sample of filling

Contents of the article:

• Letter of contract for the sale of an apartment by mother capital
• Filling rules and contract models

The contract form for the sale of an apartment on the basis of its mother ' s capital may be downloaded in WORD format as the official document governing the ownership of the dwelling between the buyer and the seller. According to article 7, 550 of the Russian Civil Code, the contract shall be in writing with all necessary data on:

1. The right-wing people to a place to be sold.
2. Buying a family.
3. The apartment itself.
4. Sold possession rights.
5. The agreed price and the timing of its payment.
6. Date and place of writing.

The treaty must be registered; only from the time of registration shall the treaty be in force.

Model contract for the sale of an apartment with a mother ' s capital

The seller ' s deviation from signing the act leaves the buyer with the right to confirm the performance of its obligation to submit payment documents for the full amount of the contract(s). 5.

The buyers are satisfied with the quality of the said real property, established by internal inspection prior to the conclusion of the contract, and have not found any defects or defects in the examination that were not reported to them by the sellers.

The buyers acquire the right of ownership of the property in question from the moment of the State registration of the transfer of ownership to the Ust-Labinski Division of the Federal Registration Service in Krasnodar Krajno, which can only be effected after full payment by the buyers of the real estate and the transfer of the property to the latter according to the act of admission – transfers. 7. There are no persons provided for in article 558 of the Russian Criminal Code.

Letter of contract for the sale of an apartment with a mother ' s capital

A contract for the sale of shares in an apartment with a mother capital: Model 2: A purchase of a share in an apartment with family capital can provide many opportunities for people to survive and develop.

Model contract for the sale of an apartment using maternal capital 2015

O./name of person] subsequently referred to as "Seller" by [post, F.E.O.] acting under [the Regulation, Statute, Trust], on one hand and [F.

1. The seller shall hand over, and the buyer shall take possession of, a dwelling - [value] - a room with a total area of [m2] including a dwelling area - [m2] located on the [value] deck [value] of a deck [value] of a dwelling with the address: [inscribe the appropriate], an cadastral number [inscribe the appropriate] free of any third-party rights which is the subject of a contract for the sale of a dwelling purchased by means of housing certificates. 2.

Model contract for the sale of an apartment with maternal capital

It includes:

• Passport (passport);
• Certificate;
• Statement of the purpose of the certificate and the amount required;
• A certificate that confirms ownership of the share of the dwelling;
• A copy of the contract for the sale of the share of the dwelling on the basis of the mother ' s capital;
• A document proving that the accommodation is free;
• A commitment document that guarantees that the share of the dwelling to be purchased will be the common property of all members of the family.

An important condition of the sales contract is to indicate the amount of the transaction involved, and the seller's and buyer's personal accounts must also be present, as well as all necessary bank details for the exchange.

A contract for the sale of an apartment using mother ' s capital

The purchase of an apartment can be paid with the money of the mother ' s capital, which is provided to parents at the birth of a second child in the family; the capital value is indexed periodically to 4,53026 roubles.

The payment of maternal capital is made by the Russian Pension Fund, so it is necessary to apply to the RPF for the purchase and sale procedure.

The transaction is characterized by the fact that the mother ' s capital is not available to the buyer at the time of the purchase of the dwelling; it can be obtained by confirming the purchase of the dwelling; this is due to the fact that the money can only be spent in certain areas, including the purchase or improvement of the dwelling.

The contract shall be accompanied by the certificate of admission and transfer to the apartment, and the documents shall be signed, one copy shall be submitted to the RPF for review with other documentation.

When the Pension Fund takes a positive decision with respect to the payment of the flat by the parent, its funds are transferred to the buyer ' s account on the details specified in the buyer ' s application to the RPF.

• A buyer who has received money from the parent capital account may transfer the dwelling to the seller for payment of the value under the contract of sale.
• An example of a contract for the sale of an apartment using maternal capital can be downloaded from the bottom of the article.
• If apartments are purchased without the use of maternal capital, a sample of the sales contract can be downloaded here.

Other samples of the sales contract:

• Precinct - sample;
• The share of the dwelling is downloaded;
• The land is to be downloaded.

Model of discharge

1. A contract for the sale of a mother ' s dwelling must be issued in an appropriate manner for the Pension Fund to accept and approve the buyer ' s right to the mother ' s capital.
2. It is better to seek assistance from the RPF itself, and many offices of the Pension Fund offer sample sales contracts that are conveniently used to process a transaction.
3. In addition to the standard requirements and conditions specific to the sales contract (date, place of discharge, parties ' details, subject matter of the transaction, price, signatures of the parties), the following features should be taken into account:

• Payment features - take into account that part of the value of the parent capital will be handed over to the deferred seller, the duration of the delay should be indicated (if the seller does not want to wait a long time, it is possible to issue a loan for the amount of capital, pay the price of the dwelling to the seller immediately, and close the loan after receiving the money of the parent capital into its account from the RPF);
• It is necessary to specify the details of the certificate of maternal capital;
• In the section on reception-transfer arrangements, it should be indicated that the procedure will be confirmed by the act of reception-transfer;
• The description of the dwelling must be given - address, area, number of rooms;
• The seller must confirm its right to the dwelling to be sold, specifying the particulars of the certificate of ownership and the particulars of the document on the basis of which the apartments were previously obtained.

The parties need to specify all the details of the transaction, the timing, the amount, the details, and it is better to consult with a specialist about the contract of sale so as not to receive a refusal from the RPF.

To download the sample free of charge

A contract for the sale of a mother-in-law dwelling is a sample to download.