In order to increase the birth rate, the state for quite a long time used various methods of stimulating families to have each subsequent child.

However, the greatest effectiveness in this regard has been demonstrated by such a support measure as maternal (or, in other words, family) capital, expressed in the allocation of a certain amount of money to each family that has another child.

In this article we will talk about the year in which they began paying citizens in Russia and, most importantly, how it began to affect the birth rate.

How did the idea come about?

After analyzing the birth rate situation in Russian Federation, when considering the dynamics, starting from 1990, the Government noted a trend towards a sharp reduction in the number of babies born (and this was not only about the second child - often families refused to give birth to the first).

The result of this dynamics was that the growth of the new population in the country became negative (that is, the death rate for every 1000 people exceeded the birth rate).

Against the backdrop of such a difficult situation with an increase in population, in 2006 financial support was developed for all those few families who decided to have a second child.

The program became known as " Maternal capital» . She provided for lump sum payment benefits for those families who have added another baby, starting from January 1, 2007, a tangible amount monetary support. At the time the law was adopted, this amount was almost 250 thousand rubles.

The program has fully justified itself.

In 2013, statistics recorded the first case since the collapse Soviet Union, when population growth in Russia finally became positive (that is, the birth rate exceeded the death rate).

This trend continues to this day, which indicates the effectiveness of the applied measure of state material support.

Since what year has the program been in effect?

The Maternity Capital program began operating in Russia exactly on January 1, 2007.

However, compared to the initial version of the law, an amendment was made stating that, if necessary, improvements using this money living conditions, the family can use the certificate earlier.

The provision of a certificate was provided for (this norm has not changed to this moment) for both born and adopted children, if they were not the first in a particular family.

Thanks to this option, the opportunity is at least small, but financial assistance, were able to count on those families who decided not to give birth themselves (due to certain circumstances), but to adopt babies who, for some specific reason, were left without the care of their real parents (?).

The legislative framework

Since family capital is a fairly serious measure of support for families, its issuance is regulated current legislation fully .

This is currently manifested in the fact that the regulation of issues related to the allocation and transfer of funds under the certificate is carried out not only directly by Federal Law No. 256-FZ.

TO regulations, the action of which is aimed at resolving controversial issues in the family plan now also includes the Family Code (it, in particular, established that there are no differences between children born in the family and those officially adopted, and parents have a completely legal right to receive their certificate for well-deserved maternity capital as both relatives and adopted children, for example, if the first child in the family was born and the second was adopted).

The Civil Code of the Russian Federation regulates issues of transactions using funds received different ways, including the certificate of family capital.

The Tax Code regulates the aspect of the issue that concerns the payment of taxes on the sale of housing (for example, in the case when an apartment or house purchased or built with funds from family capital exchange with an additional payment for a larger-sized housing in order to improve their own living conditions).

In addition, the Orders of the Ministry of Finance, which regulate not only payments on issued certificates, but also the work of banking institutions with them, should also be classified as those regulations that have a decisive role in the implementation of the program to support families with children.

Thus, the maternity capital program, created in 2006 to improve the situation with the birth rate in the state, has proven to be very successful, allowing it to achieve its goal main goal– to stimulate families to have a second and each subsequent child.

Almost ten years have passed since the program began and maternity capital began to be issued, it has undergone some changes. They only improved the possibilities of its use (for example, the list of possibilities for using funds was expanded).

As for legislative regulation, it has also been improved so that the resolution of all controversial issues in the implementation of certificates is much easier.

We hope our material was useful to you and you now know from what year it existed, when it began to operate in Russia and what results the start of payments to increase the birth rate entailed.

Until what year is maternity capital valid?

On behalf of Vladimir Putin, the maternity capital program will be extended until December 31, 2026 inclusive. The President made a corresponding statement during his address to the Federal Assembly on January 15, 2020. A bill that would extend the program must be prepared and passed by April 15, 2020.

The last time maternity capital was extended until December 31, 2021 (Law 432-FZ of December 28, 2017). The program will be valid until this date, until the corresponding regulatory act comes into force.

Vladimir Putin also instructed to establish maternity capital for the first-born child from 2020. In addition, after the birth (adoption) of a second child, the family will have the right to.

Fragment of the transcript from the website kremlin.ru

Let us recall that it was initially planned that the program would operate for a full ten-year period - from January 1, 2007 to December 31, 2016. However, already in December 2015, speaking with his annual address to the Federal Assembly, Vladimir Putin instructed to extend the program for 2 years - until December 31, 2018. In November 2017, the President again made a proposal to extend the state program for another 3 years - now until December 31, 2021. In addition to increasing the period During the course of the program, the list of areas in which certificate funds can be used has also been expanded.

Validity period of the maternity capital program

The maternity capital program, which began work on January 1, 2007, was adopted immediately for 10 years and then extended several times:

• in 2015 - for 2 years until December 31, 2018;
• in 2017 - for 3 years until December 31, 2021;
• in 2020 - for 5 years until December 31, 2026.

Moreover, thanks to provided by law indexation, the size of the certificate for 2020 increased from 250 to 466.6 thousand rubles. (in 2016-2019, the amount of maternity capital was frozen, i.e., not indexed).

In the question of until what year maternity capital is valid, it is necessary to distinguish between three different possible restrictions on the validity period:

• for the right to receive a state certificate, which arises if the second (third or subsequent) child in the family was born or adopted before December 31, 2021 (after the program is extended - until December 31, 2026). After the program is expanded, maternity capital will also be available to parents who had their first child before the specified date;
• for the period of application for a certificate, which is not limited by law - that is, you can apply for its registration to the Pension Fund (PFR) at any time after the corresponding right arises;
• for the period of payment of funds under the certificate - that is, the period of time during which maternity capital can be spent (conditionally not limited, if necessary, maternity capital funds can be taken into account as part of pension savings even at the time of mother’s retirement due to old age, that is, before she reaches retirement age).

Until what year is maternity capital issued?

Vladimir Putin instructed to extend and expand the maternity capital program. After the appropriate changes are made, the right to a certificate will appear in families in which the first and second (subsequent) child appeared before December 31, 2026 inclusive.

Photo pixabay.com

According to the president’s initiative, parents will be able to receive maktapital for their first child if he was born (adopted) starting on January 1, 2020. In 2020, the amount of the certificate will be 466,617 rubles. Subsequently, if such a family has a second child, she will have the right to an additional 150 thousand rubles. total amount maternity capital for two children in 2020 is equal to 616,617 rubles. In the future, it will be indexed annually.

If a second child appeared in the family after January 1, 2020, then the parents will be able to obtain a certificate in an increased size. If the right to maternity capital appeared earlier, then most likely the family will not receive the right to an additional 150 thousand rubles. This follows from the text of the relevant Presidential Instruction to the Government.

All these changes, according to the statement of the First Deputy Speaker of the State Duma Alexander Zhukov, can be adopted by the end of February 2020.

Deadline for obtaining a certificate for maternal capital

In Art. 5 of the law on maternity capital (No. 256-FZ of December 29, 2006) establishes that a person entitled to maternity capital can apply to the Pension Fund (PFR) or multifunctional center (MFC) for it at any time after the corresponding right arises — that is, the deadline for obtaining the certificate is not actually set.

This means the following:

1. Despite the fact that the right to a certificate will arise if the child is born before December 31, 2026, the effect of the law itself will not end there. Therefore, parents who will apply for maternity capital will be able to submit a package of documents at any time convenient for them.
2. If the owner of the certificate decides to contact the Pension Fund, for example, 10 years after the birth of the child, the amount of the certificate at that time will not depreciate due to the provided indexation mechanism, which resumed on January 1, 2020. In 2020, maternity capital increased by 3%, its size amounted to 466,617 rubles. According to Vladimir Putin, it will increase in the future.

Until what year will the money be paid under the certificate?

The law does not limit the period of use of money from maternity capital. In particular, in paragraph 6 of Art. 7 of Law No. 256-FZ states that you can submit an application for disposal of funds at any time - the main thing is that the child is already 3 years old. Without waiting for the third anniversary, maternity capital can be used for:

• repayment of principal or down payment on a home loan or loan;
• payment for preschool education;
• compensation for the costs of purchasing goods and services that a disabled child needs for social adaptation;
• monthly payments for a second child under 3 years of age.

The upper limit of the period during which it is possible to use the certificate funds, current law not provided.

When will maternity capital be extended until 2026?

According to Alexander Zhukov, first vice speaker of the State Duma, changes that will expand the maternity capital program will be introduced as amendments to bill No. 846971-7 and considered on February 19 and 20 in the second and third reading, and on February 26 at a meeting of the Federation Council . After the bill is passed and it comes into force, the program will be extended until December 31, 2026.

Large families are a guarantee of stable demographic indicators any state. The policies of many countries are aimed at supporting this segment of the population. This is especially true for Russia, where the population growth rate lags significantly behind world values.

What can the state do to support families with 2 or more children? The most important assistance is financial assistance. has been operating for more than 10 years. It involves highlighting Money for the second and subsequent children. In 2017, there were some changes in the terms of the program - the validity period was extended. Until what year can maternity capital be issued? Let's answer this question in more detail.

As mentioned above, the maternity capital program is unique opportunity For large families receive financial support from the state. For each child in such a family, a certain amount of money is assigned. You cannot manage the funds yourself.

Participation in the program is confirmed by a special certificate. It states Exact sum maternal capital. The certificate is required for the intended use of funds.

Who can apply for maternity capital?

To whom is maternity capital issued? The following categories of citizens can participate in the program:

1. A woman who gave birth to or adopted a child born in 2007 or later. She must be a citizen and resident of the Russian Federation.
2. A man who is the father or sole official adoptive parent of a child. The requirements for the age of the child and the status of the man remain the same.
3. A man who is the father or legal guardian of a child. The right to register or dispose of maternity capital is transferred to him in the event of termination of the mother’s rights to these actions. This may happen due to her death, deprivation of parental rights and other reasons. A man can have citizenship of any country.
4. A child whose parents do not have the right to obtain maternity capital for certain reasons.

Maternity capital amount

Maternity capital is a successful program that has shown good results during its existence. The government of the Russian Federation annually makes changes to it to improve the standard of living of large families.

The amount of subsidies is constantly increasing. From the very beginning of the program, maternity capital has doubled. For 2017 it is approximately 450 thousand rubles.

Procedure for obtaining maternity capital

Obtaining maternity capital is a fairly simple and quick procedure. The Pension Fund of Russia is responsible for registering large families in this program and issuing certificates. This is where you need to go to receive maternity capital.

When applying, a person submits a certain package of documents, which consists of the following papers:

1. Compiled according to a special form, in which a desire to take part in the program is expressed.
2. Identification document of the applicant (passport).
3. A document that confirms the implementation of the insurance procedure.
4. Birth certificates of children.
5. Court order allowing the adoption of children (if necessary).
6. A document that confirms that the child is a citizen of Russia (if necessary).

Only copies of original documents are submitted. They must be certified by a notary. Otherwise, the documents have no legal force and will not be accepted by employees Pension Fund.

After submitting the application and package necessary documents All that remains is to wait for the final decision government agency. The date of receipt of the certificate is informed through a notification. The document can be obtained in person at the department of the authority. If this is not possible, it can be sent electronically.

Areas of use of the subsidy

Money received through participation in the maternity capital program cannot be spent by the parent without permission. The legislation establishes target areas for using the subsidy.

Improving living conditions

This area is the most common. When a child is born, it is simply necessary to improve living conditions for a normal life for a large family.

Use maternity capital to purchase real estate, repay the loan installment for a previously purchased living space, reconstruct your own apartment, or start building a house on your own.

Education

The next area is the child receiving a quality education. The funds received can be used for the following purposes:

• Payment for a child’s education at a higher educational institution.
• Payment for a child’s accommodation in a dormitory at a university.
• Payment for the maintenance of a small child in a municipal preschool institution.

Pension

Funds from maternity capital can be used to form a future pension for parents.

Adaptation of a child with a disability

Maternity capital can be used to purchase funds and things that are necessary for the social adaptation of a child with any disability group. This direction was approved not so long ago, but has already received positive feedback.

Duration of maternity capital

The program was adopted in 2007. Then its terms were confirmed - until 2016 inclusive. During this period, the program showed excellent results: both demographic and social.

In 2017, the deadlines were extended. The program will operate until 2019. Many politicians are in favor of extending maternity capital until 2023. This bill has been reviewed and may come into force next year.

Future of the program

There are different opinions about the future of the program. The first of them is that the program will continue to operate and help large families. Such a positive outlook can indeed significantly improve the position of this segment of the population in society.

Some politicians are confident that the program will be abolished. This is due to the lack of funds in state budget for financial support of all large families. The abolition of maternal capital will most likely lead to dissonance in society and discontent among families with two or more children.

Finally, the last opinion is about possible changes in the project conditions. According to adherents of this theory, the rules for calculating funds will be changed. They will be paid in cash each calendar month until the child reaches adulthood.

More details about the maternity capital program and its terms can be found in the following video:

When a second or subsequent children are born in a family, the family acquires the status of a happy owner of a certificate for family or maternity capital and begins to make plans on where best to spend it?

In our “Legal Advice” section you will find answers to these and other questions about maternity capital. Continuing the topic, today we will talk about how the law allows you to use maternity capital to improve the family’s living conditions.

The Maternity Capital Law makes it possible state support families with two or more children use maternity capital finance primarily for housing. You can improve your living conditions with the help of maternity capital by directing it both to the purchase of an apartment or house, and to their construction or reconstruction.

You can also use a maternity capital certificate to pay for a mortgage or loan agreement, as well as to pay interest on these loans and credits.

An important document that defines the direction of maternity capital for housing is Decree of the Government of the Russian Federation dated December 12, 2007 No. 862 “On the rules for directing maternity capital funds to improve housing conditions.” It sets out all the permitted options for spending maternity capital to improve housing conditions and defines both the procedure and timing for the implementation of state financial support for this type of family.

Improving housing conditions by law includes the following options:

1. When an apartment or a house is purchased according to the purchase and sale agreement;
2. When an individual residential building is being built or reconstructed (and its construction is permitted both with the participation of contractor, and in the form of independent construction);
3. When housing is purchased or built credit funds(loan or mortgage);
4. When the initial payment is made on a loan or loan;
5. When the principal debt and (or) interest on the loan is paid;
6. When is shared housing construction paid for?
7. When is the entrance fee and (or) share payment paid for a cooperative type of housing construction?

Purchase of housing (purchase and sale) for maternity capital

The parties to the transaction are three parties: the seller, the buyer and the Pension Fund, which is the manager. public funds maternal capital. It will allow you to purchase a home no earlier than three years later (when the second child turns three years old).

Features of the purchase and sale agreement when using maternity capital are the inclusion of the following important provisions:

Firstly, the contract must contain a clause stating that the buyer contributes personal funds before signing it.

Secondly, the contract reflects the fact that the remaining amount of the transaction is covered budget funds at the expense of maternal capital.

Thirdly, in the agreement in mandatory a condition is stipulated that the ownership of the purchased housing passes from the seller to the buyer only after the final payment for the transaction has been made.

The acquisition of housing as a result of purchase and sale can occur in two ways.

The first option is when the certificate for maternity capital in in full allows you to cover the purchase of residential premises.

The second option provides for the presence own funds from the buyer, which will be added to maternity capital funds.

Moreover, according to the second option, the purchase and sale process implies carrying it out in stages. At the first stage, registration will be required with the state registration service of real estate pledge based on the buyer’s personal funds contributed. At the second stage, when the Pension Fund transfers maternity capital funds to the seller’s current account, the entire amount will be paid and it will be possible to register ownership of the purchased housing, having previously removed the collateral encumbrances.

Construction or reconstruction of a house using maternity capital

The construction or reconstruction of a house with the help of maternity capital can be carried out with the help of builders or on one’s own. When contractors are involved in the construction of a house, a contract is concluded with them. The following documents will be required to be submitted to the Pension Fund in order to allocate maternity capital funds for the construction or reconstruction of housing.

Document on land ownership with an agreement on construction contract. If construction is carried out using own funds, maternity capital will be issued in two tranches: the first tranche is issued before the start of construction (up to 50 percent of the total amount of maternity capital). The pension fund will require the submission of documents holding the right to the land plot, and when reconstructing an existing house, a document on the ownership of the residential premises, a building or reconstruction permit, bank certificate with the details of the current account to which the maternity capital money will be transferred.

The Pension Fund will transfer the second part of the maternity capital in 6 months, when the payments made are confirmed construction works in the house. In order to compensate for the costs incurred for the construction or reconstruction of housing, the owner of the housing certificate must keep documentary records of all expenses incurred and submit them to the Pension Fund for reimbursement.

Before you decide to build or reconstruct housing using maternity capital, you need to make sure that your housing meets certain requirements. If we are talking about the construction of a new house, then this house must belong to the owner of the certificate, and the document on the ownership of the house must be registered no earlier than 01/01/2007. But in the case of housing reconstruction, such a restriction does not exist. When carrying out reconstruction, the condition must be met to increase the living space by at least one accounting standard due to an additional extension or superstructure, refurbishment non-residential premises to residential.

Improving housing conditions using maternity capital: purchasing and building housing using loan funds

Most often, maternity capital funds are used for a mortgage. Today, a maternity capital certificate can be used to repay a loan. Moreover, the certificate can be used in this case without waiting until three years have passed since the birth of the second baby. In order for the Pension Fund to approve the use of maternity capital to pay off loan obligations under a mortgage, the loan must meet a number of requirements. These requirements are set out in the Rules for allocating maternity capital funds to improve housing conditions. The main thing is that the owner will not be able to receive maternity capital money in cash, and repayment of loan obligations is made by wire transfer directly to the bank. Moreover, repayment of the loan is possible both to cover the down payment and to cover the target loan agreement, as well as to cover the debt on interest and, of course, on the principal debt according to the mortgage agreement.

The Pension Fund will not allow public funds to be used for fines, commissions and penalties imposed by the bank.

To initiate the issue of issuing maternity capital to cover a loan, you will need a maternity capital certificate, the passport of its owner, loan agreement, birth certificates of children, application for the use of maternity capital to cover the loan.

Often, the bank’s credit committee gives a positive opinion on granting a mortgage loan to a family, since the family capital certificate serves as a certain guarantor of loan repayment. But it may not be enough to just have a family capital certificate for the bank to approve you for a loan. Among other things, you will need to confirm your permanent official income and positive credit history or the absence of negative information about the borrower from the bank’s security service.

There is such a type of loan as a loan covered by maternity capital. Coverage occurs both for the down payment, the principal debt, and for interest for the use of those employed in financial organization means.

When drawing up a loan agreement, three participants are involved: the mother or another owner of maternity capital, the Pension Fund and the bank. Since the Pension Fund is responsible for intended use public funds, he decides whether to give a positive opinion on the use of maternity capital for mortgage lending or not. Documents may take from 2 to 3 months to be verified by the Pension Fund.

When positive decision Pension Fund and the bank, the borrower has the opportunity to receive loan funds against favorable interest rate on loan.

And yet, no one obliges you to spend the entire amount of maternity capital at once to cover loan obligations. Part of it can be saved to be used for other purposes permitted by law, especially since this type state aid may be indexed in the future.

When choosing to invest maternity capital in a credit (loan) or a mortgage, it is important to first calculate, which will be more profitable? In a situation where the loan amount is more than 500 thousand rubles, it is more advisable to take out a mortgage rather than a standard loan.

In addition, you should pay attention to the monthly financial burden on family budget when servicing a loan. This burden should not be allowed to increase to more than 30 percent of the total family monthly income. It is also worth thinking about the time over which the coverage will apply. credit obligations. So, with a regular loan, the loan agreement is drawn up for a period of 1 to 5 years. A mortgage agreement allows you to distribute loan obligations over much long terms- for 10, 15, 20, and sometimes up to 30 years.

It is also important to understand that mortgage lending provides for onerous measures on housing and other property for the entire period of validity of the loan agreement. At this time, it is impossible to take legally significant actions to alienate a home or apartment that is pledged to the bank. Any failure to fulfill contractual obligations (for example, failure to pay a loan on time) may lead to various types of sanctions from the bank, judicial authorities and authorities executing court decisions.

Long mortgage loans As a rule, they involve a larger overpayment for a loan than loans.

Using maternity capital for shared housing construction

Sending a state certificate for the purpose of participation in shared construction has its advantages, which include saving the finances of a family with two or more children.

In this case, the family invests maternity capital in a house or apartment under construction that is under construction. Moreover, the Pension Fund will allow maternity capital funds to be used for shared construction after the second child reaches the age of three.

The use of maternity capital for shared construction is possible in the following cases:

• when a family does not have sufficient funds to buy a home, it draws up a loan agreement under the program mortgage lending and maternity capital here acts as a down payment.
• When a family has an apartment whose area does not meet the requirements of a growing family, it decides to sell it and buy another apartment with a larger area. Here, maternity capital is added to the proceeds from the sale of the apartment and a new larger home is purchased.

In any case, participation in shared construction involves co-financing the family’s personal funds and maternity capital.

How is maternity capital invested in shared construction?

The first stage is the preparation of shared construction documents. This may include the following actions:

• actions to select housing and book it (the developer’s representative is informed that maternity capital will be involved in financing shared construction; the agreement on shared participation must necessarily provide for phased payment);
• preparation of documents by the developer’s company and execution of an agreement for shared construction;
• registration of an agreement on shared housing construction in a unified register;
• payment of part of the amount stipulated by the contract.

Conclusion and registration of an agreement for participation in shared construction apartment buildings is carried out in accordance with Federal Law No. 214-FZ of December 30, 2004 “On participation in shared-equity construction of apartment buildings.” Thanks to this law, under the control of the state, an agreement for participation in shared construction is registered in order to prevent fraudulent actions involving the conclusion of contracts for the same apartment with different participants in shared construction.

The same law instructs the developer to use citizens’ finances only after the developer receives documents permitting construction and has project declaration and ownership or lease agreement land plot, where construction of a residential property is underway.

The second stage is the approval of the disposal of maternity capital in the Pension Fund.

The owner of maternity capital must collect a number of documents and submit them to the Pension Fund. Such documents include:

• passport of a citizen of the Russian Federation who owns family capital or his authorized representative who has a notarized power of attorney;
• an application requesting permission to use maternity capital for shared construction of residential premises;
• the certificate document itself;
• SNILS;
• an agreement on participation in shared construction registered by the Rosreestr service;
• receipt of payment of the invoice for the construction share agreement;
• certificate of financial debt under a shared construction agreement;
• an obligation certified by a notary to register an apartment built in shared ownership as the property of all family members within six months after registration;
• when the husband is the shareholder of the housing under construction, his passport and marriage certificate are provided.

The Pension Fund, having examined the submitted documents, makes a decision on whether to authorize or prohibit the use of maternity capital for the stated purpose of financing.

Using maternity capital to pay the share contribution

Cooperatives are so-called mutual aid funds. For this purpose, we are forming mutual funds to pay for housing purchased or under construction.

Members of a consumer cooperative who have paid in full (made a share contribution) acquire the right to housing. The law regulates housing and housing construction cooperatives (No. 188-FZ), as well as housing and savings cooperatives (No. 215-FZ).

These cooperatives are created to provide the population with housing and its operational management in cooperative apartment buildings.

Providing housing to citizens in this way occurs through the attraction and use of funds from members of the cooperative for the purchase or construction of residential premises, transferred to its members first for use, and after payment of share contributions, for ownership. Members of the cooperative are accepted on general meeting, which is reflected in the decision and in the register of the cooperative. Newly admitted members of the cooperative become familiar with its statutory provisions and pay entrance membership fees. At the same time, maternity capital cannot be used to pay the membership entrance fee, since this will not be payment for the purchase and construction of housing.

But you can contribute maternity capital to pay the share contribution intended for the purchase of residential premises.

The Pension Fund will need to provide a certificate about the amount of the share contribution made, as well as the balance of the outstanding share contribution, after which it will be possible to become the owner of the housing. In addition, you will need the charter of the cooperative, certified by a notary, and a copy of the certificate of ownership of the cooperative for residential premises.

The Pension Fund will verify that the owner of maternity capital is indeed a member of this cooperative, that he is a user of the residential premises and will make a decision accordingly on the submitted application for the disposal of maternity capital funds.

What should those who buy an apartment, for the purchase of which the previous owner previously used maternal capital, need to remember?

It is no secret that the purchase of previously purchased housing using family capital can carry a serious risk for the new owners. There are often cases when, having bought real estate and used maternity capital, parents are in no hurry to fulfill the obligation to grant property rights to their children. Someone forgets, and someone deliberately ignores their responsibilities.

If children are not included in the number of apartment owners, then new owner risks finding himself in a situation where the seller’s grown-up children, the prosecutor’s office or the Pension Fund appeal the deal, and he will be left without a roof over his head. For example, in 2016, in the Altai Territory alone, the Prosecutor’s Office filed 280 lawsuits for violation of the property rights of minors after parents used family capital.

To minimize risks, it is necessary to carefully approach the issue of legal verification of the property. It is better to give preference to the notarial form. Before concluding a transaction, the notary will carefully study the documents so that you can be sure that the transaction does not contain any pitfalls.

Dangerous connections: with whom it is fraught to make real estate transactionsTaught by bitter experience, people are now afraid to enter into real estate transactions if the counterparty belongs to a potential risk group - for example, he seems to be a drug addict. Moscow notary Elena Obraztsova tells readers of the RIA Real Estate website which of the “suspicious individuals” are really dangerous, and with whom they can safely make a deal.

How is money (maternity capital) transferred for these purposes?

Funds are transferred from the Pension Fund of the Russian Federation to non-cash form to the organization's account (for example, construction company) or individual, acting as the seller of real estate, or the bank that provided the owner of the certificate with a loan. If we are talking about self-construction or renovation of a private house, the funds will be transferred to the bank account of the certificate holder.

By general rule You can receive maternity capital funds to improve your living conditions only after the child reaches three years of age. However, this restriction does not apply to obtaining a mortgage or repaying an existing home loan. For such purposes, maternity capital can be obtained at any time after the birth of a child, without waiting for his third birthday.

Is it possible to use maternal capital to partially repay a mortgage?

Maternity capital can be used, among other things, to alleviate the “mortgage” burden. These funds can be used for an initial fee on a loan (related to the construction or purchase of finished housing), and used to repay the principal debt and interest on the loan. In this case, the rule applies both to a mortgage issued after the birth/adoption of a second and subsequent child, and to a loan that the family has been paying off for several years.

It is worth noting that maternity capital cannot be used to pay fines, commissions, penalties provided for in the loan agreement.

How to sell a mortgaged apartment?Life is unpredictable, and sometimes situations arise, be it a divorce, job loss, or some other circumstance, in which it is not possible to pay the mortgage. Representatives of banks, realtors and lawyers told the RIA Real Estate website whether it is possible to sell an apartment that is under a mortgage and how to do it.

Can I use maternity capital to buy additional land to build a house?

According to the law, it is impossible to purchase a plot for building a house using family capital. Under the improvement of living conditions the federal law understands only the purchase, construction or reconstruction of residential premises.

Exceptions include the acquisition of a land plot along with the property located on it. residential building, which is suitable for family living. Formally, the expenditure of state support funds will be used only for the purchase of a house, and a plot of land will be considered an addition to it.

What options are there for improving housing conditions using maternal capital?

Persons who have received a certificate can use maternity capital in full or in parts for the following purposes:

Purchase of finished housing (apartment/room or house) under a sales contract;

Construction of a private residential building, which citizens carry out on their own or with the involvement of a specialized construction organization;

Reconstruction of a private residential building (changing its area, number of rooms, etc.);

Compensation of costs for an already built (reconstructed) private residential building;

Repayment/application of a loan, if it is/is taken for the purpose of purchasing or constructing housing;

Payment of the entrance fee to the housing construction cooperative;

Payment for the right to share in construction.

It is also worth considering that housing purchased with maternal capital funds must be located/built in Russia.

How to formalize the fulfillment of an obligation related to the use of maternal capital?

It is also recommended to contact a notary after the specified 6 months to fulfill your obligations. The notary will help draw up a so-called contract (agreement) to fulfill the obligation. He will ensure that the contract meets all legal requirements and takes into account the interests of both spouses and all children in the family. Such an agreement must also stipulate the size of the share for each family member. By the way, in order to allocate a share to the child’s father, it is necessary that he also be officially married to the owner of the certificate - the child’s mother.

The conclusion of this agreement does not require the consent of the bank (if the housing was purchased with a mortgage and there is an encumbrance on it), and also does not in any way affect the current credit conditions.

It is impossible to sell real estate acquired using maternal capital without first allocating legally assigned shares in it. In the future, the consent of the guardianship authorities will be required for the alienation of real estate, part of which belongs to minors.

How best to register real estate during marriage so that it is beneficial to bothLovers celebrate Valentine's Day on February 14th. However, not all couples manage to maintain relationships, and sometimes property disputes become the cause of discord. The Federal Notary Chamber told the RIA Real Estate website how to correctly register real estate in order to protect both property and, possibly, love.

Why do you need to contact a notary when using maternity capital?

According to the general rule of jointly acquired property, real estate acquired during marriage is registered between spouses in half or in different shares (subject to a change in the regime joint ownership to a separate marriage contract). When it comes to raising funds for maternity capital housing purposes, the law obliges parents to allocate shares in new or reconstructed housing to all children as well.

You must go to a notary to formalize an obligation to allocate such shares. This paper will state that the owner(s) of the property undertakes to register it in common property the recipient of the certificate, his spouse and all children within 6 months after:

Women who gave birth or adopted a third child or subsequent children after January 1, 2007, unless they previously exercised this right;

Men are the only adoptive parents of the second, third child or subsequent children, if they have not previously exercised this right (in this case, the court decision on adoption must be made after January 1, 2007);

Men (fathers or adoptive parents of children), regardless of their citizenship, if the mother’s right to maternity capital has ceased (for example, the woman died or was deprived of parental rights);

Minors and adult children under 23 years of age studying full-time in educational institution(with the exception of additional education organizations) before the end of such training, if the right of their mother or father (adoptive parent) of the child to maternity capital has ceased or has not arisen.