Our real estate lawyers are ready to provide assistance with maternity capital. Payment of funds under the maternity capital program is a measure of state support in the Russian Federation. The program applies to the second child, regardless of his birth or adoption. In addition to paying for your child’s education, you can improve his living conditions - buy an apartment with the help of maternity capital.
Our real estate lawyer will take care of drawing up an agreement with the participation of maternity capital, advise you on all the nuances of the future transaction, help with collecting documents and will be your representative in the registration authority.
The procedure for using maternity capital
- The right to receive a sum of money under this program is granted at a time.
- Funds are indexed every year, and there is no need to replace the document due to a change in the amount.
- The amount is not subject to tax payments.
- The program terminates in the event of deprivation of parental rights or death of the mother.
To receive a certificate, you need to fill out an application and provide documents to the Pension Fund. Registration can be done in person, through an authorized representative, or using your personal account on the website. To issue a certificate, you must provide a passport and birth (adoption) documents.
Purchasing with maternity capital
The holder of a certificate that gives the right to maternity capital can use it to pay for the purchase of an apartment for her family. At its expense, you can repay a targeted bank loan that was taken out to purchase a home, pay for a purchase and sale agreement or the first mortgage payment for the purchase of an apartment. At the same time, it must be registered as the property of all family members in equal parts, about which a registration certificate of ownership is issued.
Often, when a second child appears, parents need help with maternity capital. A large amount of information is posted on official websites, but in some cases it is necessary to consult an experienced lawyer. Especially when it comes to investing in real estate. If the property you are purchasing contains illegal reconstruction, we recommend that you contact us for a turnkey apartment redevelopment service.
A special procedure must be followed to allow the use of maternal capital to pay for the purchase of an apartment in an unfinished new building under an agreement on the assignment of the rights of the shareholder. This document is not included in the approved list and is not considered a basis for payment. Therefore, you will first need to draw up a new share agreement with the developer, in which the owner of the maternity capital is a co-financing participant.
What can M(s)K funds be spent on?
According to the state support program, funds from the maternal (family) certificate can be used:
- To improve living conditions - purchase housing suitable for living with children, pay a mortgage loan, spend funds on housing construction;
- For the education of children - payment for the services of preschool and school institutions, payment for secondary vocational and higher education, funds can be spent, including on paying for private kindergartens;
- For families with low incomes, they have provided the opportunity to receive payments and maternity capital in the amount of 1 minimum wage;
- For the purchase of goods and services for the social adaptation and integration of disabled children;
- To form the funded part of the mother’s future pension.
According to the Pension Fund of the Russian Federation, statistics on the use of maternity capital funds are as follows:
- To improve living conditions - 59.23%;
- For monthly payments – 30.23%;
- For education of children - 10.44%;
- For mother’s funded pension – 0.08%;
- Social adaptation and integration of disabled children – 0.02%.
Purchase and sale agreement using maternity capital
You can transfer the full amount or part of maternity capital for payment only on the basis of a permit issued by the Pension Fund. To receive it, submit an application with a copy of the transaction agreement, etc. In this case, the agreement must indicate the details of the account to which you want to transfer funds. If, in addition to spouses and their children, other relatives are co-owners of the purchased housing, their share must be allocated in the contract and paid for independently. If it is necessary to pay off a loan taken to purchase an apartment at the expense of maternal capital, this purpose must be indicated in the agreement for the provision of a bank loan.
Since the right to dispose of the certificate belongs only to its owner, it is he who must act as the buyer. If the purchase is made in the name of her husband, the owner of the certificate must formally formalize the appropriate consent to use the funds for the specified purpose.
The documents required to obtain a permit must clearly identify the owners of the residential property being purchased. It is necessary to indicate in the purchase and sale agreement about installment payment if the rights to real estate under it are registered when its cost is fully paid. An obligation to register the apartment as the property of family members in parts of equal value in terms of value must also be presented.
USEFUL: read about the division of spouses' property if maternity capital is used using the link
Answers to the most popular questions
How to use maternity capital funds for construction without a loan from the CCP?
There are two options, the first is when you involve a construction organization. In this case, the Pension Fund will need to provide documents for the land plot, a construction permit and a contract.
Second, if you are planning construction on your own. In this case, the Pension Fund will transfer funds to MK in two tranches - 50% before the start of construction, and 50% 6 months after completion of preliminary work. Simultaneously with submitting the application, you must provide documents for the land plot, a building permit and the recipient’s details.
How long does it take for maternity capital to be transferred to the CPC?
If an application for disposal of maternal (family) capital funds is submitted to the Pension Fund of the Russian Federation, then the maximum period is 20 days.
If the application is submitted through the MFC, then the period for transferring funds, taking into account the delivery of documents, increases by 4 days and is 24 days.
If one of the parents has a bad credit history, will the cooperative issue a loan to improve housing conditions using maternity capital funds?
Cooperatives are loyal to the credit history of borrowers. If the loan amount is equal to or slightly more than the remaining maternity capital, then there will be no problems.
Is it legal to cash out maternity capital through a cooperative?
Any scheme for cashing out maternity capital funds is illegal; these actions are subject to liability under Art. 159.2 of the Criminal Code of the Russian Federation and it does not matter whose funds you use in this scheme: a loan from a bank or a loan from a cooperative. However, if your actions are truly aimed at improving the living conditions of your family, then there is nothing to fear.
How to remove the encumbrance from housing after paying maternity capital to the CCP?
After repaying the loan, the Cooperative can independently remove the encumbrance (as a rule, there are no problems with this), but it will not be superfluous if you remind about this. This can be done either verbally or by submitting a written application. If the cooperative ignores your requests, then the encumbrance can be removed through the court, and all expenses will be recovered from the cooperative.
What is the commission fee in a cooperative for a loan against maternity capital?
As a rule, the cooperative's remuneration consists of two parts: interest on the use of the loan amount (as of 09/06/2021 no more than 17%) and membership fees. On average, 35,000 rubles from an MK amount of 483,882 rubles, and 40,000 rubles from an amount of 639,432 rubles.
If the commission amount significantly exceeds the market average, then you should familiarize yourself with the conditions in more detail or look for another cooperative.
Which credit cooperatives can work with maternity capital?
Firstly, the cooperative must have been operating for at least 3 years. Secondly, the cooperative must be a member of the SRO and, thirdly, it must be included in the register of the Central Bank (the current list can be downloaded on the website of the Central Bank of the Russian Federation at the link ).
I know that many questions arise, since I have been working closely with maternity capital for 4 years now. Therefore, if you have not found the answer to your question, then ask it in the comments to this article. I’ll answer, discuss and add the most interesting ones to the body of the article!
Investment of maternity capital in living space
Financial resources can be spent on a variety of tasks, for example, you can improve your living conditions with the help of maternity capital. Most often, with an increase in the number of family members, there is a need to increase the living space, which will allow the whole family to comfortably stay in the apartment. In addition to the standard purchase of a home, a mortgage with the help of maternity capital is also available - our real estate lawyers will take care of the support of the apartment purchase and sale transaction. Thanks to this direction, the acquisition of living space has become possible for many families who initially did not have their own property.
It also provides for the sale of an apartment acquired with the help of maternity capital. It should be taken into account that if the apartment was purchased with a mortgage using program funds, then the debt must be repaid. This is due to the fact that the new residential space being purchased will be pledged to the bank, and if the loan is not repaid, it must be put up for sale. According to the law, each child must be registered and have their own share in the apartment, which even the bank cannot deprive them of. In this connection, the bank will have difficulties with the sale of real estate and repayment of debt. The solution to this situation is to provide a notarized statement from the parents that they undertake to provide their children with living space with the allocation of shares.
USEFUL: watch the video and you will find out why Clients choose our organization to receive legal assistance, write your question to a lawyer in the comments of the video and receive a lawyer’s answer
How to get legal advice on maternity capital for free
For parents whose families have a second child, we offer competent legal advice on obtaining state-guaranteed capital. If you have difficulty exercising this right, use one of three counseling options.
- Submitting a question in the dialog box located at the bottom of the site. Our lawyer responds 24 hours a day.
- Call the hotline (Moscow), +7 (812) 425-64-09 (St. Petersburg) and federal number ext. 240
- Back call. Fill out the contact form located in the center of the page. Don't hold the line: wait for a call from a lawyer.
Reasons for refusal to pay maternity capital
Maternity capital is a way of official assistance to families with two or more children. An official refusal to pay maternity capital funds is possible for several reasons. You should consider them all so that later you do not have difficulties and disputes with representatives of government authorities.
If you have been denied payment of maternity capital, you should find out why this happened. You should definitely know that these funds have a specific purpose. They cannot simply be cashed out and spent on current needs. They go toward obtaining a decent education for children, purchasing residential real estate, or a pension for the mother of the children. The first reason for refusal is inappropriate spending of this money.
An incorrectly completed application for the issuance of maternity capital is the second most common reason for refusal. When you fill out documents to submit to representatives of the Pension Fund, you must ensure that the information provided is correct. Conscious or unconscious submission of false information will result in refusal to pay the funds.
You should know in what cases maternity capital is denied so as not to find yourself in such a difficult situation. Another reason is the filing of an application by a person who is not entitled to payment. Traditionally, the certificate is issued to the mother. If she dies, is officially declared missing, or is deprived of parental rights, the money goes to the father or children. The stepfather cannot count on receiving this money.
Many people are interested in whether they can be denied maternity capital when buying an apartment on the secondary market. According to the law, you can spend this money on the purchase of any residential property, but often the apartment sellers themselves refuse to get involved in such transactions when they find out how impressive a package of documents they will have to collect and how long the wait will be.
After analyzing all of the above, you can understand the reasons why maternity capital is denied:
- inconsistency of the targeted spending of funds;
- providing false information;
- lack of authority to issue a certificate.
Resolution of controversial situations
If parents encounter difficulties in practice or are denied a government subsidy, then the decision to turn to a lawyer is the right thing to do. A professional will understand the most difficult situation and provide free consultation on all issues of interest to the site user. In addition, the help of a family lawyer is relevant in the following situations:
- collection of procedural and legal documents;
- sending appeals and complaints, drawing up statements of claim;
- preparing an expenditure package for the use of funds;
- obtaining a certificate and working with representatives of the Pension Fund.
A lawyer will advise you on the right steps if parents decide to go through the process of using maternity capital on their own.
Types of disputes that can be resolved by legal advice free of charge
Families with two children may face different challenges in obtaining a certificate or exercising rights under the program.
The most common situations:
- motivated or unfounded refusal to issue maternity capital to a family;
- impossibility of using maternity capital before the child is three years old;
- difficulties in obtaining a certificate when adopting children;
- receipt of a certificate by the father of children in the absence of the mother or deprivation of her maternal rights;
- problems in implementing the program regarding the purchase of an apartment or house;
- demanding the return of funds received and accusing parents of fraud;
- disputes when obtaining a loan against a certificate issued at the birth of a second child in the family.
Sources
- https://consultant-mos.ru/yuristy/yuridicheskaya-konsultatsiya/yuridicheskaya-konsultatsiya-po-materinskomu-kapitalu-besplatno.html
- https://alljus.ru/semejnoe-pravo/materinskij-kapital
- https://vladimir.gorod.guru/matkapital
- https://www.mos.ru/otvet-semya-i-deti/kak-oformit-materinskiy-kapital/
- https://PosoBaby.com/capital/receive/kuda-obratitsya-za-materinskim-kapitalom.html
- https://www.pfrf.ru/knopki/zhizn/~4358
