Read on our website about ways to exchange privatized housing, how to exchange secondary housing for a new building or exchange housing with relatives, make a long-distance exchange, as well as how to correctly exchange a share in an apartment, a room in a communal apartment or a dormitory, a two-room and a three-room apartment apartment, and enter into an exchange agreement with an additional payment.
About the opportunity
Is it possible to exchange real estate with additional payment of maternity capital?
Before talking about ways to exchange housing using maternity capital, it is worth clarifying the situation about what this state incentive means?
After all, we hear this phrase often, but not everyone understands what it means.
Maternity capital is a measure of family support that the state provides to those units of society where a second child has appeared and both children are minors.
The amount of state support currently amounts to 453 thousand rubles and is a very good help in improving living conditions.
All the main nuances can be gleaned from Federal Law No. 256 of December 22, 2006, which talks about measures taken by the state to support families with children.
If an apartment was previously purchased using funds from government support, it can later be exchanged . However, a number of additional conditions must be met.
Thus, the law obliges minors to be automatically registered in housing purchased through this support measure. Since housing is often purchased with the help of a mortgage, minors automatically receive a residence permit upon registration.
If at the time of the exchange the child is still a minor , it is necessary to notify the guardianship and trusteeship authorities about the impending transaction. This is necessary for the authority to review all the details of the transaction and give its permission to carry it out.
But the exchange cannot be made at the expense of maternity capital as an additional payment . The legislation does not directly provide for such an action. In order to carry out this transaction, holders of state support will have to perform a number of actions.
To begin with, they must sell their existing housing, having previously received permission from the guardianship and trusteeship authorities.
Then, you need to take out a mortgage on the apartment offered by the seller and pay for it partly with your own funds from the sale, partly with maternal capital.
Such a system is somewhat more complicated and longer, but will also lead to the desired result.
You can find out how to exchange a residential property purchased using mortgage funds on our website.
It's easy to exchange an apartment!
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What does the exchange have to do with it? - you ask. It’s simple: in essence, you exchange square meters through a purchase and sale agreement, that is, you buy someone’s apartment, and they buy yours. We wrote about this in an article about the peculiarities of using a purchase and sale agreement.
Methods
Thus, we have established that there are two ways to exchange by obtaining a mortgage for an apartment:
- partially repaid by maternity capital;
- fully repaid with maternal capital and funds from the sale of other real estate.
Unfortunately, this transaction cannot be completed without turning to the mortgage program. This rule is established by law.
Therefore, be prepared for the fact that even if you quickly repay your mortgage debt, you will still have to pay some interest to the bank – the mortgage lender. This system is very inconvenient and, hopefully, will be reformed in the near future.
You can learn about ways to repay a mortgage using government funds for the birth of a child from the video:
Read our articles on how to exchange a room for a house and land, and vice versa, exchange a private house or cottage for an apartment with an additional payment and draw up an agreement for the exchange of an apartment for a house with land.
What restrictions may you encounter when buying an apartment?
Most families spend maternity capital on an apartment. It is allowed to be used only for specific purposes:
- down payment on mortgage;
- full/partial repayment of mortgage debt;
- payment of part of the cost of the apartment;
- construction and reconstruction of a private house.
Prohibited:
- buy a plot of land;
- buy housing in disrepair or for demolition;
- buy a share of the living space if it is a non-insulated room with separate exits and communications;
- make transactions before the expiration of three years from receipt of the certificate (exception - cases of orders for mortgage lending).
Where to begin?
In order to complete the transaction, you first need to sort out your home, if you have one.
Thus, it is necessary to obtain permission from the guardianship and trusteeship authority to discharge a minor, promising to register him in a new place of residence with better conditions and obtaining consent to this.
The guardianship and trusteeship authority may also prohibit the discharge of a minor .
In this case, the children must be re-registered with other relatives together with one of the parents.
If there was no housing, then you need to find an option that interests you. But when inspecting the premises and discussing the nuances of the transaction with the owner of the property, do not forget to tell them that government support will be used to pay off the amount for housing .
The fact is that money for the birth of a second child will be credited to the seller’s account only after one to two months, and not every citizen will want to wait that long, much less take your word for it that you will transfer the money to him.
If all the nuances are settled, you can move on to the next step.
Where to go?
This transaction is initially formalized in several authorities. Initially, in order to take out a mortgage and receive money from the state, you need to contact a bank and get a mortgage loan.
Then, when the other party signs an agreement with you and receives funds, you send it to Rosreestr, where you formalize the fact of the transfer of property.
Find out what documents will be required to exchange any residential premises, as well as whether it is possible to exchange municipal apartments, from our articles.
What documents are required?
In order to carry out the exchange, the following documents are required :
- certificate for receiving state support;
- mortgage lending documents;
- documents for real estate registered in your ownership:
- technical documentation for housing;
- cadastral documents;
- extract from the BTI;
- extract from the house register.
Documents are submitted to the nearest branch of Rosreestr, where they are reviewed and approved if everything is prepared accordingly.
Terms and cost of registration
It takes a little longer to formalize a new ownership right than a regular sale or exchange transaction. The point is that the case involves maternity capital, which means that the documents must be carefully checked .
As a rule, the processing time takes from seven to twenty working days, although this period is not regulated anywhere by law.
Real estate transactions using maternity capital are not subject to duty , since the state receives interest from the mortgage anyway.
But if before this the family sold its real estate in order to pay off the mortgage debt for housing, then it is obliged to pay a tax in the amount of 13 percent of the transaction amount.
Features of apartment design in different situations
The basic rule is that shares must be allocated to everyone no later than 6 months from the time the right to do so becomes available. When purchasing an apartment, it is convenient to do this right away. In order for everything to go smoothly, the contract stipulates that the apartment is purchased as common shared ownership. And indicate the size of each share. Then Rosreestr will register everything. In other situations, the process and moment when the right arises depend on the form of the transaction.
It is advisable to determine the size of the shares of future owners immediately in the contract
Apartment with a mortgage
The mortgaged apartment is issued in the name of the borrower or together with co-borrowers (in our case, this is mom and dad). They are already the owners, but until the end of payments, the apartment will be pledged to the bank. It will not be possible to make transactions with her without his approval. This is all formalized by the following documents: a purchase and sale agreement between the seller and the buyer, mortgage and pledge agreements with the bank. The rights are registered in Rosreestr, and an extract from the Unified State Register is issued, where there will be a note about the encumbrance with a mortgage.
According to all documents, the mortgaged apartment will be owned, but pledged to the bank
The bank will not give permission to allocate shares to children in a mortgaged apartment. This is his guarantee: if the family does not repay the loan, the apartment is transferred to the bank, and it is simply impossible to evict the child owners - this will result in difficulties for the lender. But the requirements of the law must be observed. Therefore, after concluding all contracts, the mother must formalize an obligation to allocate shares to everyone.
If the matter comes to court, for example in a divorce, children are still allocated shares in the mortgaged apartment. The courts protect the interests of children and give priority to the law on state payments rather than to the interests of the bank.
From this moment on, you can use maternity capital. Moreover, in different options: as a down payment, to pay off payments, including on a mortgage taken out before the birth of children. The specifics depend on the terms of the bank and the agreement.
As soon as the mortgage is paid off, you need to contact the bank with an application. There they will issue a mortgage note with a note about the repayment of the loan. They go with her to Rosreestr or MFC. Or without a mortgage, but with a bank representative. There the encumbrance is removed, and that’s it - you can fully dispose of the apartment. All that remains is to allocate shares to the whole family.
Apartment under a shared participation agreement
At the construction stage, the apartment does not yet exist as a real estate object. There can be no right to it. Therefore, an agreement is concluded with the developer not for sale, but for equity participation (DPP). In the future, it will allow you to receive and register an apartment. If maternity capital is used, the contract can only be concluded with the mother or her husband. The law does not require that all future owners appear in the DDU, but the developer can include such a clause. If there is one, all family members will fit in.
The DDU specifies all the parameters of the future apartment from the address to the finishing.
The agreement is registered in Rosreestr. The mother formalizes an obligation to allocate shares to the family. Only after this can you manage the funds of the maternity capital.
When construction is completed, shareholders are notified of the need to accept the apartment. Specific deadlines are specified in the contract, and notification must arrive no later than a month before the delivery of the house. The apartment is accepted according to the act. When the house is put into operation, the owner will be issued a cadastral passport. Now you can register your apartment with Rosreestr and immediately allocate shares.
With a house under construction, there is always a risk that it will not be delivered on time. The six-month period for allocating shares begins to count from the moment the documents for the apartment are transferred. And not before. That is, not from the estimated period specified in the DDU.
If an apartment is purchased immediately under the DDU and with a mortgage, you must wait until all restrictions are completed before allocating shares. Previously, we paid off the mortgage - we receive the mortgage and are waiting for the house to be delivered. Previously, we accepted the apartment - we register ownership of the mother (or both parents) with an encumbrance.
Apartment through a cooperative
It all starts with one of the parents joining the cooperative and paying share contributions. There is no talk of ownership yet, but maternal capital can already be disposed of. It will be transferred to your membership based payments. You just need to write an obligation to allocate shares.
The cooperative buys an apartment for the family using common funds. It will be possible to move in, but register it in your name only after the cost of the apartment has been paid. When this happens, the shareholder will receive a certificate and, based on it, will register ownership in Rosreestr. At once for everyone.
Certificate of payment of share - a document on the basis of which the apartment will become the property of the family
Obligation to allocate shares
A commitment is a written document by which the mother takes responsibility to allocate shares of the property when possible. A sample (text) of the document will be issued by the Pension Fund upon request. In general it is standard, only the details differ. There is no need to enter the specific size of the shares, because it can be revised, and other children may be born. It is important to clarify the moment from which the obligation begins: receipt of a cadastral passport, removal of an encumbrance, etc. It depends on the circumstances.
The obligation to allocate shares is drawn up by a notary
The obligation is certified by a notary. Only the mother signs it; the participation and presence of others is not necessary. The service costs 1,000 – 2,000 rubles. (depends on the region). The original document is given to the Pension Fund when an application for the use of maternal capital is submitted. You can keep a copy for yourself.
How to allocate shares for an obligation and subsequent children
From a legal point of view, there are two forms to transfer shares to family members:
- Owners agreement. It is concluded between all adults (mother, father and adult children).
The agreement is signed by all adult family members
- Donation agreement. According to it, the owner disposes of his part of the property. This is the only option if there is only one owner or one adult in the family.
The donor can be mom or dad
You can compose the text of the documents yourself or ask for help from the MFC. For such a service they charge about 1,000 rubles. For independent work, all that remains is the calculation and distribution of shares - no one will decide for the owners how best to do this. In both options, it is important to mention that the share is transferred upon fulfillment of an obligation, and not by personal decision. Otherwise, the obligation may be considered unfulfilled. And if the agreement can be rewritten, then the gift agreement cannot be canceled after registration.
If before the transfer of shares there was only one owner, you can go to Rosreestr and register new rights. The same applies to parents whose apartment is jointly owned (not in shares).
It’s more difficult when the apartment was bought by mom and dad in shares: notarization is still required. And this is not cheap: a notary will charge 500 rubles. duties + 0.5% of the cadastral value of the allocated shares + technical work. All this costs between 8 and 25 thousand. Not only the parents, but also the authorities considered this state of affairs unfair: they have to pay simply to redo the documents for their own apartment. In May 2021, amendments were made to the law on real estate registration (Article 5 N 76-FZ dated 05/01/2019). From July 31, 2019, shared owners will have the right to dispose of their shares without the participation of a notary. Simply through registration in Rosreestr with a contract or agreement.
