Starting from 2002, at the birth of a second child, the state allocates a maternity certificate, which can be used to pay a mortgage installment, to build or reconstruct a house, or to make other improvements. living conditions families. The main condition for using the MC to improve or purchase housing is the allocation of a share in the housing to children.

But, often, it is impossible to immediately allocate a share, since there is nothing to allocate yet, for example, during the construction of a house, until it is put into operation, a certificate of ownership cannot be obtained. Or, if the MC is used to pay the first installment on the mortgage, until the loan is fully repaid, the residential premises are pledged to the bank and the allocation of a share is also impossible.

Sample obligation to allocate a share to children for maternity capital

There are no clear requirements for the text of the document, therefore, in order not to be mistaken, it is advisable to seek help from a notary. The content of the document will depend on how the residential property is acquired or improved:

• the apartment or house is already registered to the mother or father;
• MC is supposed to be used for repayment mortgage loan;
• the capital will go to a contribution in shared construction, or to the reconstruction of a private house.

1. Personal data of all parties to the contract. It is necessary to indicate the full name of the parents, all minor children, the data of their passports and birth certificates.
2. MS name, number, other information. It will be necessary to indicate when it was issued, for the birth of which child, when it was born.
3. Information about the property. Here the address, main technical characteristics, form of ownership, type and term of encumbrance are indicated.
4. Statement of the reason for the delay allocation of children's share.
5. Immediate obligation. It should begin with the words "I undertake ...".
6. The term of the contract. It is possible to indicate a specific date, or, if the exact date is unknown, then the occurrence of an event is indicated, for example, “after the repayment of the mortgage loan, but no later than ...”.
7. Date of document compilation and personal signature MS owner.

Deadlines

The responsible spouse must fulfill the obligation, usually this is the one from the married couple to whom the MS is issued. The legislation gives six months to fulfill the terms of the agreement on the allocation of children's shares, while the conditions for starting the calculation of the execution period are:

• full repayment mortgage loan using MS;
• last payment under the contract of sale in case of installment payment;
• signing the acceptance certificate residential property;
• if the family builds new house – obtaining an extract from the USRN.

The fulfillment of each of these conditions will take a different period of time, therefore, no strict deadlines for the fulfillment of the terms of the contract can be set. But after the conditions for its execution have come, parents are given a tough period of time - 6 months to complete all the documents and allocate the child's share.

Liability for non-fulfillment of an obligation

Currently, there is not a single legislative act that would establish a body that controls the process of fulfilling an obligation. Also, the legislation does not provide for what responsibility the parents will bear for non-fulfillment of the terms of the contract.

Some parents, taking advantage of imperfection Russian legislation, use these "loopholes in the laws" and are in no hurry to transfer part of the living quarters to the ownership of minor children. Some citizens generally try to subsequently dispose of their living quarters in circumvention of the law, for example, to sell an apartment without the involvement of PLO employees.

However, such parents violate the provisions of Federal Law No. 256 and, if the fact of a violation is revealed, information about this is transferred to law enforcement agencies. In this case, the prosecutor's office has the right to independently file a claim for the fulfillment of the obligation with the court, which, in turn, will decide on the fulfillment of the contract, or directly in the court session will allocate shares to each of the family members independently.

If a house or apartment purchased or improved using the MC, in which children's shares were not allocated, was subsequently sold, then the purchase and sale transaction is invalidated. At the same time, the following can apply to the court with a claim for recognition of the illegality of the sale of a property:

• prosecutor's office;
• child protection;
• children who have become adults.

In such situations, the court may:

1. To oblige the parties to mutually return everything received as a result of the transaction. The contract of sale is declared invalid, the seller returns the money to the buyer, and the buyer returns the property to the seller.
2. To impose on the seller the obligation to allocate shares in the returned apartment to all family members.

Usually, the FIU reserves the right to selectively check the intended use of the MC, and in the event that it is found that the parents did not allocate the child's share, they may face criminal or other liability, namely:

• criminal punishment under the article for fraud (Article 159 of the Criminal Code of the Russian Federation);
• fine;
• forced allocation of children's shares.

How to allocate a share in an apartment by obligation

After the obligation to allocate the child's share is signed and certified by a notary, the parents must proceed to the execution of the contract. There are two options for executing a document:

• drawing up an agreement between the mother and father on the allocation of the child's share;
• registration of deeds for minors.

The choice is up to the parents. Let's consider each of them in more detail.

By agreement

So, the parents chose the allocation of shares by agreement. In this case, they must draw up a document in which they describe the procedure for allocating the child's share and other important information. A notarized document guarantees its execution and will protect the mother and father from challenging the document by the prosecutor's office and the PLO.

1. Indication of the type of agreement. This will be the title of the document: "Agreement on the allocation of children's share in the ownership of residential premises acquired (improved) with the help of MS."
2. Personal information of signers. The name of the mother and father, as well as their passport data, are indicated here.
3. Information about the property according to an extract from the EGRN.
4. An indication of how much of the property each child will receive.
5. Signatures each of the spouses with decoding.

Example

The Novikovs had a second baby, and they decided to improve their living conditions. They sold their two-room apartment, they spent the proceeds from its sale on the first installment on a mortgage loan taken to purchase a three-room residential building. To further repay the mortgage, they decided to use the funds of the MS.

The Novikovs drew up an obligation to allocate children's shares, where they indicated that they were obliged to fulfill the contract immediately after the full repayment of the mortgage loan. Some time later, when the loan was fully repaid and the encumbrance on the three-room apartment was removed, they drew up an agreement on the allocation of children's shares in the amount of a quarter for each child.

By donation

The procedure is almost the same as the separation by agreement. Spouses visit a notary's office, where they draw up deeds of gift for each child, in which the share of each of the children will be indicated.

Example

The Zakuraev family bought a two-room apartment when they were expecting twins. The sale and purchase agreement was drawn up in such a way that they had to pay part of the funds for the apartment after the children were born and the MS was received. After the birth of the babies and the receipt of the MS, the parents fully paid off the seller and issued a donation: each of the children received 1/3 of the apartment, the parents were left with a third of the apartment for two, that is, 1/6 of the living quarters.

Despite the fact that parents are obliged to allocate to their children a part of the living quarters paid for by maternity capital, the procedure itself is not spelled out in the law. In practice, the issue is resolved by issuing a deed of gift for children, or by concluding a written agreement.

Parents who have purchased housing using the MSC must register it in common shared ownership with their children. The procedure for allocating shares in maternity capital is not spelled out in the law. There is also no indication of which part of the house or apartment should be allocated to children. In this regard, questions arise, the answers to which are given by the Review of the Supreme Court of 06/22/2016.

How to determine the size of shares

The obligation to allocate shares, which is a condition for sending MSCs (maternity or family capital) to improve housing conditions, says that their size is determined by agreement.

Since minor children do not have the right to decide such issues, in fact, parents do it. In practice, there are most different variants: from the division of an apartment according to the number of family members (for example, 1/4 for each) to the registration of 1/100 (or less) of common property for children.

From the point of view of the law, all this is correct: the agreement is a voluntary document.

As a rule, the question arises in an acute form when dividing or selling an apartment with minor children.

Attention!

Due to the lack of clear rules, controversial situation, the courts decide it at their discretion, and the amount of shares allocated to children is set differently. Two approaches are common: property is divided in equal parts, and depending on the material contribution of family members.

In some regions, there is a practice when the accounting standard rate of area per person, or the minimum sanitary standard, is taken into account. For example, the first is 18 sq.m., and the second is 6 sq.m. Based on this, the share of each child is determined.

June 2016 Supreme Court summarized the practice in such cases, and its recommendations are binding. The Family Code establishes that parents do not have the right to the property of children, and they, in turn, to the property of their parents (Article 60).

Therefore, it is recognized as the right decision when the proportion of children is determined in proportion to the amount of the capital, divided by all members of the family. Equality does not apply to other means by which the apartment was purchased.

By the way, get tax deduction for the purchased property is possible only for its part of the cost, excluding MSC.

Example. The cost of housing is 3,000,000 rubles, and the amount of MSC is 453,000, there are 2 children in the family. Then the share of each of the children will be 1/25.

Note that such a calculation is not necessary for current law. Parents can allocate more or less by agreement. Just in the current legislative practice, this will be the best option, which is difficult to claim. Although in fact, hundreds of apartments are registered, where the children's share is a fraction of a percent.

The order of selection and design

If an apartment is purchased under a sales contract, then it usually immediately indicates the entire list of future owners, indicating the shares.

Also in the case of building a house on maternity capital, for which a cadastral passport and a certificate of ownership are subsequently issued. The situation is more complicated with a mortgage apartment. Most often, it is recorded in the name of one (or both) spouses, and is pledged.

How to allocate shares of maternity capital and draw up documents in this case? There is no special provision in the law. This is the recommended course of action.

1. Remove the encumbrance from the apartment

After paying the last installment on the mortgage, you need to get a mortgage from the bank. contact registration chamber Rosreestr with a statement on the removal of the encumbrance. Attached to it is a contract, documents of ownership, a mortgage.

Obtain an extract from the register of rights to real estate - since 2016 it has been issued instead of a certificate. Only after that, the owners can dispose of their property: donate or divide.

There is no fee for this procedure, the application can be submitted through the MFC.

2. Contact a notary

One of the two is used to resolve the issue. legal ways. You can choose any suitable option, based on the fact that it will cost less.

1. donation processing;
2. drawing up an agreement.

The law does not require notarization of a donation transaction if a part of the apartment is donated by a sole proprietor, or by two spouses who own it on a joint basis. joint ownership.

This also applies to the partition agreement. If the residential property belongs to several persons with equity participation, the contract must be certified by a notary. For example, when each parent owns ½ part.

Most often, an apartment on a mortgage with MSC is issued for two spouses. Otherwise, the Regpalat often forces them to first divide common property, register a share, and only after that allocate part of the property to children.

Most likely, this is done in order to obtain a notarized document. The donation agreement is drawn up according to the number of participants plus 1 copy for Rosreestr.

It can be made in any law firm, but it is better to do it through a notary.

In October 2016, the Federal Notarial Chamber drew up the form of a standard Agreement on registration of real estate in the common ownership of parents and children.

So, you can draw up an agreement without problems, but the cost can be much higher than when donating - up to 0.5% of cadastral value object.

3. Register the transfer of rights

To complete the case, you need to submit documents to the ROSREESTR again:

1. write statements on behalf of each owner - this is done directly in the institution;
2. present all copies of the donation agreement or agreement - if they are not certified by a notary, then they are signed in the presence of the registrar;
3. attach personal documents - passports, marriage and birth certificates of children;
4. valid certificate of ownership of the property:
5. documents on the basis of which housing was purchased - a contract of purchase, loan, equity participation if the apartment is in a new building;
6. receipt of payment of the state duty for registration (2000 rubles).

Documents can, as in the first case, be transferred through the MFC, but it is more reliable to do this with a direct visit. Registration is made within 10 days. After that, you need to get a new Extract from the USRR, where all owners will be registered.

The obligation to allocate a share in the apartment to the children

When using mother capital, parents undertake to allocate a share to children in the purchased housing. The obligation must be fulfilled within the period established by law. This protects not only the rights of children, but also the interests of spouses - in the event of a divorce or sale of housing.

The obligation to allocate a share of maternity capital is included in the package of documents that must be submitted to the Pension Fund along with an application for the allocation of funds to improve housing conditions.

It is not required when the apartment being bought or the house built has already been registered in the shared ownership of parents and children - and this is evident from the submitted certificate of ownership.

In all other cases, without this document, the FIU will refuse to transfer money.

All notaries draw up an obligation in the same recommended form (Fig. 1). It only indicates the fact that the purchased housing will be registered in the common ownership of both spouses and all children with the determination of shares by agreement within the period established by law. Specific dimensions are not specified.

Deadlines for fulfilling obligations

When does the promise come true? Depending on how the house or apartment is acquired, the deadline for fulfilling the obligation is different. This must be done within 6 months of:

• removal of encumbrance from the premises - upon repayment of a mortgage loan, including by means of mother's capital;
• transfer of funds to the seller - in case of purchase under a sales agreement;
• payment of the final payment - if the agreement provides for an installment plan;
• signing the act of transfer - under a shared construction agreement;
• putting the house into operation - during construction by a contractor;
• obtaining a cadastral passport - if the house is being built independently;
• transferring money to the owner of the certificate - for a facility built before 2007 or reconstructed;
• payment of the last share - with participation in a housing construction cooperative.

Who controls whether the parents kept the promise? Many certificate holders mistakenly believe that the Pension Fund does this. In fact, his job is to verify the submitted documents and is completed after the transfer of money.

What happens if you do not allocate shares?

The obligation to allocate a share of maternity capital contains a warning: “I know that this is the main condition for directing funds to improve housing conditions, and that failure to fulfill the promise entails liability in accordance with the law Russian Federation". However, none of the current normative act directly provides for liability for such a violation.

In practice, the prosecutor's office makes one-time spot checks recipients of MSCs (maternity or family capital), and if he discovers such facts, he goes to court with the protection of the rights of minors.

In 95% of cases, a decision is made: to oblige the parents to determine and allocate shares in the residential premises, to register the ownership in a legal manner. As a rule, these are normal parents who postpone the re-registration of property for various reasons.

Many of them are planning to sell an apartment purchased with the help of MSC, and do not want to deal with guardianship authorities. Coordination with them is mandatory if there are children among the owners.

Another situation is when facts of illegal cashing out of maternity capital emerge during the verification process - in fact, the money was spent for other purposes. The courts consider this as fraud under Article 159 of the Criminal Code.

It provides for as many as 8 types of punishments: from 120 thousand fines to 2 years in prison.

From those convicted under this article, the prosecutor may demand compensation in the amount of damage caused to the Russian Federation: the full amount of the MSC.

Of course, it is impossible to test everyone. For example, let's take the figures for the Samara region. Within 2 years (2014 - 2015) 51 such cases were considered, of which in 47 cases parents were obliged to allocate and register shares. In total, they received MSCs for housing purposes about 60 thousand people.

Other Consequences of Not Keeping a Promise

Is it possible to conclude that it is not necessary to allocate shares? Perhaps if everything is fine in the family. But in a controversial situation, from which no one is immune, problems inevitably arise. Here are two of the most common examples.

1. Divorce and division of property

If the deadline for fulfilling the obligation has come, and the shares have not been allocated, the court has the right to independently determine their size for all family members, including children. At the same time, some judges take into account the individual contribution of each of the spouses (if this is confirmed by documents), and divide the amount of maternity capital proportionally between all family members.

However, in half of the cases, the property is divided simply in equal shares. For example, ¼ each of the spouses and two children. And the shares of minor children will go to the parent with whom they will live. Reason: art. 245 of the Civil Code.

It states that if the participants have not established shares by agreement, and they cannot be determined on the basis of the law, then they are considered equal. It does not matter that only part of the mortgage was paid by the mother capital.

If one node of the participants in the section does not agree with such a decision, he will be forced to challenge it through the courts.

If this is a mortgage apartment, and the encumbrance has not been removed, then most often a decision is made to refuse to divide it and determine the shares.

It is unrealistic to obtain bank permission to sell such living space, just as it is impossible to count on the division of the balance of the debt between co-borrowers. In rare cases, the court still determines the area per each family member.

However, in the absence of an agreement, as mentioned above, this option may not suit the spouses.

2. Sale of an apartment

With a safe sale of an apartment, both the buyer and realtors always try to find out if mother capital participated in the purchase of housing. If - yes, the allocation of shares to children is checked.

Because later, if any claims are made by one of the sellers, a lawsuit by interested parties, a prosecutor, or even a child who has reached the age of majority, such a transaction may be declared invalid. One of the ensuing consequences is the requirement to reimburse the state for the full amount of paid capital.

Attention!

Therefore, in most cases, before making a deal, you still have to allocate shares and formalize them according to the law, otherwise the buyer may refuse it.

The question often arises: what will happen if the parents sell the apartment and allocate shares to the children in another residential area? The fact is that in the first case, they are obliged to do this by law, and in the second, it is their voluntary decision. And therefore, with interest, the transaction can still be challenged and invalidated.

In addition to the consequences described, a wave is expected lawsuits about this in a few years, when the children grow up and will be able to independently claim their part of the property.

Thus, we can conclude: it is more reliable and calmer to fulfill an obligation than to subsequently receive unexpected problems.

Moreover, the law does not establish a mandatory size of shares, giving parents the right to resolve the issue by agreement.

Federal Law "On Additional Measures state support families with children” dated December 29, 2006.

256-FZ provides for the right of citizens to receive state subsidies - maternity capital, used primarily to improve the living conditions of such families.

At the same time, housing purchased at the expense of MSC funds, by law, they are required to issue in the common property of the certificate holder, his spouse and children.

A single term for such registration of Art. 10 of Law No. 256-FZ has not been established, since:

• the transfer of housing into shared ownership of the family can take place both immediately at the time of the conclusion of the transaction, and many months and years after its completion;
• there are enough situations in life when, in principle, it is impossible to transfer real estate immediately at the time of the transaction to the common property of all family members (especially in relation to minor children).

Commitment to the Maternity Capital Pension Fund

The provision of the obligation is provided for by the "Rules for the allocation of funds (part of the funds) of maternity capital to improve housing conditions", approved by Decree of the Government of the Russian Federation of December 12, 2007 No. 862 (hereinafter referred to as the Rules).

Commitment required FIU authorities in the following cases:

• the dwelling is not registered in the common ownership of all family members;
• ownership of the dwelling at the time of applying for maternity capital funds was not registered with the FIU.

In practice, such situations occur when:

• the owner of the property is already the holder of the certificate and/or her spouse (without children);
• the dwelling is encumbered (mortgage), and the children (child) are not the owners of the dwelling;
• the house (apartment) has not yet been built and put into operation, so it is impossible to register ownership of it;
• a member of a housing cooperative, savings or other cooperative is one of the parents (or both parents, but without children);
• receiving compensation for a house built (or reconstructed) put into operation after 01/01/2007, which does not have the owner of the certificate, his spouse and / or children among the owners (this is almost always true for children).

To create an obligation, the owner (certificate holder and/or spouse) of a dwelling should go to notary office with a package of necessary documents.

The notary will draw up the paper, taking into account all the circumstances of the acquisition of housing and indicate the condition under which the statutory six months for the transfer of residential premises to the common property.

The cost of a notarial obligation in different regions of Russia and with individual notaries is different. About, how much is the maternity capital obligation should be checked with a specific notary. On average, the notary fee ranges from 500 to 1500 rubles.

Fulfill an obligation can be done in two ways:

• conclude an agreement on the allocation of shares;
• enter into a donation agreement.

The law does not provide for liability for failure to fulfill the obligations assumed for maternity capital. But if this circumstance is revealed by any interested body (FIU, guardianship authorities, prosecutor's office, etc.)

) he can apply to the court, which will decide on compulsion to take actions to allocate shares or distribute them among family members independently.

There is also the risk of imposing on the family through the court the obligation to return the amount of maternity capital back to the Pension Fund (in fact, as in the case of its misuse).

Is it necessary to allocate shares to children when using maternity capital?

In accordance with paragraph 4 of Art. 10 of Law No. 256-FZ in the case of the acquisition (construction, reconstruction) of housing at the expense of mother capital, the ownership of it is registered with parents and children (including those born subsequently) by agreement indicating the shares of each.

Since the common ownership of the residential premises is subject to registration and for future children, then the agreement should contain a provision on the possibility of reducing (redistributing) the shares of participants in the common fractional ownership.

The minimum size of the share of the child is not defined by law. Therefore, the share is set by the owner(s) at their own discretion.

But it should be borne in mind that the normative acts of the constituent entities (municipalities) of the Russian Federation establish minimum standards for housing. The average for Russia is 9-12 sq. m per person.

Therefore, it is advisable to allocate a share that will not be lower than the established one in terms of area.

Allotment of shares should take place, according to the letter of the law, Vwithin 6 months after the PFR transfers the mother's capital to the seller of real estate. Registration of real estate in common ownership is carried out by concluding:

Shares allocated:

• spouse (or wife, if the original ownership of the apartment or house is registered to the husband);
• children (relatives, adopted), including adults, as well as those born subsequently.

Other relatives (grandparents, brothers, sisters, stepsons, stepdaughters, etc.), even if they live together in such an apartment (house), shares are not given.

Allocation of shares to children after the repayment of the mortgage by maternity capital

The funds from the capital can be used to pay off the principal and interest on a mortgage loan. It does not matter when the loan was received - before the birth of the second child or after, and also who is the borrower on the loan. It can be one of the spouses or both at once. The main thing is that it must be targeted, i.e. aimed at buying a home.

The allocation of shares to children (spouse) after the repayment of the mortgage by maternity capital should occur within 6 months from the date of removal of the encumbrance (mortgage) from living quarters.

Removal of a mortgage occurs when all mortgage debt is fully repaid. To remove the collateral, you must take a certificate of no debt on the loan and apply to Rosreestr (homeowner and / or bank).

After that, after a certain time, the owner can receive a certificate of state registration of ownership of housing without a mark on the presence of an encumbrance “mortgage by virtue of law” (since 2016, only extracts from the register of rights are issued - USRR, since 2017 - USRN).

After the withdrawal of the pledge, it is necessary to allocate shares to the children in accordance with the obligation. Depending on whether one spouse and both are owners of real estate, the share option:

In order for the allocation of shares to occur without problems with registration, it is advisable to first consult with your branch of Rosreestr.

For all of the above documents (agreement on the division of property, a donation agreement on shares, an agreement on the transfer of a share) from 2016 to without fail notarial form established.

An exception is transactions with land shares and with property constituting a share investment fund. Therefore, both documents (agreement and donation agreement) must be concluded through a notary.

The general procedure for completing the procedure for registering housing in common ownership:

1. In that case when one of the spouses owns the property, to him:
   • First, you will need to allocate a share to the second spouse by concluding an agreement on the division of jointly acquired property (if it was acquired during marriage).
   • After state registration of shares, parents can conclude either agreements on donation of shares to children or an agreement on the distribution of a share to each child. In these documents, the second parent will act (sign the contract, submit an application) for minor children. In the agreement, the shares may be determined taking into account the interests of each of the participants in common shared ownership, including minor children.
2. Under the circumstances when both spouses are entitled to the property, then you can:
   • At fractional ownership for housing - immediately conclude donation agreements or an agreement regarding children;
   • When the property is shared- you will have to act in the same way as in the first case: first, an agreement on the division of joint property, and then a part of the children is transferred from the share of each (one) parent.

In the case when the owners of real estate do not fulfill the obligation, because they cannot agree on the size of the allocated shares, or one of them evades the transaction (conclusion of an agreement, contract), the other parent has the right to file a lawsuit to force his husband (wife) ) conclude a deal or with a request to distribute shares among all family members.

During the construction and reconstruction of a residential building at the expense of the certificate

When using maternity capital funds for the construction and reconstruction of a residential building always mandatory required to draw up an obligation to allocate shares.

This is due to the fact that the ownership of the constructed (reconstructed) housing at the time of filing an application for the disposal of the MC cannot be registered in the common ownership of family members.

This happens for the following reasons:

• during construction- the IZHS facility has not been built (not completed), that is, it does not yet exist as a residential building either physically or legally;
• during reconstruction- the IZHS object in the future will have other technical characteristics and the ownership right will be registered for the changed object and shares in this right will be allocated.

Commitment issued:

• a person who has received a building permit - the owner of the certificate or a spouse;
• the owner of a residential building to be renovated.

A newly erected house, regardless of which of the spouses has registered ownership, is jointly acquired property, so you first need to:

Often the question arises as to whether, in addition to the allocation of shares of the structure allocate shares of land to children on which it is located.

Despite the fact that Art. 10 of Law 256-FZ obliges to register only residential premises built with the use of MC funds as common shared ownership, it will be necessary to allocate shares in the land plot. In accordance with Art. 35 of the Land Code of the Russian Federation, the alienation of a building (structure) located on a land plot and owned by one person is carried out together with the land plot.

Therefore, the allocation (transfer) of shares of the house is a transaction for the alienation of property, therefore, land plot subject to division.

When buying an apartment under an equity participation agreement (DDU) or through housing cooperatives (LC)

The obligation to allocate shares to children and a spouse when directing maternity capital funds for these purposes is also without fail provided for by the Rules and is required by the PFR authority when accepting an application for the disposal of a certificate.

This is due to the fact that the right of common ownership of all family members to real estate cannot be registered at the time of disposal of maternity capital. At this point, usually the dwelling is either under construction or commissioning, and documents for it are drawn up much later.

IN specified cases mother capital funds are directed for the following payments:

• the price (of its part) of a dwelling under an agreement on participation in shared construction;
• entrance and (or) share contribution to a housing cooperative.

As a rule, an equity participation agreement is concluded with one of the spouses (rarely with both the wife and the husband), as well as in a cooperative, where the husband or wife is usually a member.

All documents after construction are drawn up for one of the spouses, and housing cannot be transferred immediately to the shared ownership of the family. Therefore, the obligation provides for a condition upon the occurrence of which the homeowner undertakes to transfer the shares to the children.

If the purchased or built housing is not registered in common ownership

These are the cases when, without the obligation to allocate shares, the PFR simply does not approve the application for the disposal of maternity capital funds, although at the time of applying for payment to the PFR, there are no obvious legal obstacles to registering housing in common ownership.

These include:

• all transactions for the purchase of housing, where the buyer indicates one or both spouses (without children);
• a sale and purchase agreement with installment payment is concluded with parents (without children) with the condition of registering the buyer's property right after paying the last installment (with or without a mortgage);
• acquisition of housing with the help of a mortgage loan (or other housing loan), for which the borrower, one of the spouses or both co-borrowers, are the owners of the residential premises and the shares can be distributed after the mortgage is removed;
• construction of a residential building (both on its own and by a contractor), when the ownership of an individual housing construction is registered with a person who has received a building permit;
• the payment of materkapital takes place in the form of compensation for the built residential building after 2007, the ownership of which was originally issued to one of the spouses.

How to allocate shares to children for maternity capital

The birth or adoption of a second child, receiving maternity capital, buying long-awaited housing with an investment public funds... This list closely complements another concept - a notarial obligation of parents to the FIU. What to do next and where to turn to competently allocate shares in property to your kids? Let's get to know the law better.

How to allocate shares to children for maternity capital - registration of obligations

Many parents decide to spend funds from family (maternity) capital on the purchase of housing, or to cover an existing mortgage loan.

Under these circumstances, before submitting documents to the pension fund, you need to take care of the execution of a notarial obligation in advance.

It is a guarantee that, after the removal of the encumbrance, parents will not leave their children without a corner by selling or exchanging housing squares. Without this document, employees of the pension fund will not accept an application for disposal of funds.

A notarial obligation is issued to the parent who owns the property or to whom the mortgage loan is issued. It is this person who will be responsible for allocating shares to his legal spouse and children.

How to allocate shares to children for maternity capital - removal of encumbrance

When the mortgage loan is fully repaid, the borrower must receive from banking organization mortgage.

With it and with documents proving the right of ownership - a contract of sale, an extract from the USRR and a personal passport, the owner of the property must contact Ros Registry.

After registration of the application, the encumbrance will be removed in 5-7 days. It should be noted that this procedure is absolutely free.

At the end of the mortgage process, it is advisable to order a new extract from the USRR - this will simplify the allocation of shares in the future. Within 6 months after the removal of the encumbrance, you must fulfill the conditions specified in the obligation, namely, to endow each member of your family with a part of the acquired property.

How to allocate shares to children for maternity capital - the size of the shares

IN federal law The Russian Federation does not specify the specific size of the shares allocated for each. Parents are allowed to decide this issue at their discretion. But, FIU staff it is strongly recommended to build on the norms of squares laid down for one person, their size in 2017 is -12 sq.m.

How to allocate shares to children for maternity capital - the law

Previously, the state allowed such transactions to be carried out by filling out a simple application form and registering it in the Ros Registry. But since June 2016, changes have appeared in Federal Law No. 172: all transactions for allocating shares from real estate acquired with funds from maternity capital are subject to mandatory registration with a notary.

These amendments mean that applications made in the regular form no longer have any legal effect and are therefore not accepted by the Registrar's Office staff.

Both transactions are in the form of a gift.

How to allocate shares to children for maternity capital - donation

Donation is a legal transaction in which the donor (under the given conditions, his own parent) transfers the right to part of his property to the donee (his child) absolutely free of charge. The legislation does not provide for compliance with strict requirements in drawing up a contract, but there are general provisions that must be present:

• Detailed information about all participants in the transaction.
• Exact parameters and characteristics of housing.
• Sizes to be given must be clearly stated. square meters.
• Attention - all children must be endowed with shares in housing, even if they were born after the obligation was made.

Parents should be aware that the gift agreement is not amenable to further amendments, revisions or changes, that is, it is irreversible. It is for this reason that it is worth approaching this deal with all responsibility.

How to allocate shares to children for maternity capital - registration of rights

A completed and notarized contract must be submitted for registration to the Ros Registry or the MFC. You need to take the following documents with you:

• Receipt of paid state duty.
• Sale and purchase agreement, an extract from the USRR or a certificate of ownership of real estate.
• Documents proving the identity of all participants in the transaction - birth certificates of all children, passports of parents (guardians).
• Copies of the donation in the number of the donee and a separate one for the body conducting the registration.

The period for consideration of submitted documents is at least 10 calendar days. After this time, a new extract from the USRR is issued, indicating the assigned shares to children and spouses.

The state family support program provides for the issuance of a certain amount to parents of the second and subsequent children Money in the form of a certificate. The family can spend this money only in specific areas, including the purchase of real estate. And in some cases, it is necessary to draw up such a document as an obligation to allocate a share of maternity capital.

Certificates have been issued to families for more than a year. During the existence of the state support program, the legislation has changed more than once - certain changes have been made to the rules for using materiel funds. But most often this amount is used to improve the living conditions of the family - to build a new or purchase finished housing. IN general case You can apply a certificate to purchase an apartment only when the child turns three years old. But when borrowing bank funds this transaction can be completed even faster.

When buying real estate, the family has the right to apply to the Pension Fund for the transfer of part or all of the amount. But the employee of the institution will require, along with the entire package of documents, the obligation to allocate a share of maternity capital to the child - as confirmation that the money will be spent for the benefit of their direct owner. It is necessary to draw up this obligation in several cases:

• if the parents decide to direct funds from mat capital for the purchase of real estate;
• if the holder of the certificate at the time of its delivery already has an outstanding mortgage obligation;
• if the certificate was used to purchase a home through a mortgage loan. At the same time, maternity capital can be directed both for the initial payment and for the final settlement of the mortgage.

Families should understand that when planning the construction or purchase of real estate, money from maternity capital can only be spent on a mortgage. No other forms or types of lending are suitable here - the Pension Fund will simply refuse to transfer funds to the account indicated in the documents. And even in the case of using a mortgage loan, the certificate holder must take care of the full package of documents, including the fact that in a certified obligation to allocate shares in the mother's capital to their children. If this paper is not available when submitting a package of documents to the Pension Fund, the family will be denied the transfer of money.

By whom and how is the obligation made?

Federal legislation determined the procedure and stages of creation this document. Today, the distribution of shares of maternity capital to children is described in Law 256, which obliges owners of real estate to draw up a document. That is, the obligation to allocate shares to children falls on the shoulders of both parents or one of them. An important role here is played by the composition of the family at the time of the conclusion of the purchase and sale transaction. If the purchase of an apartment or house was formalized in marriage, then the parents are considered owners. On paper, all this is formalized as joint or shared property, and all that remains is to give the children their own area. Speaking about buying a home with a mortgage before marriage, one feature should be noted - in this case, one of the parents is recognized as the owner. And this owner will be required to undertake an obligation to allocate shares in relation to all family members - both children and the other spouse.

You can ask for a sample of what the obligation to allocate a share of maternity capital looks like at a notary's office, the Pension Fund or a multifunctional center. To formalize the obligation for maternity capital, you should prepare the documents of the parents, the child and the certificate of maternity capital itself. There are several nuances:

• the registration procedure requires the presence and consent of both parents;
• the document must be notarized;
• the text should indicate the terms - the shares of the children after the repayment of the mortgage should be allocated within six months.

When should you deal with the allocation of shares on an obligation?

The question of how to allocate shares to children in new housing, parents should ask themselves after a full settlement with the bank. After the mortgage is repaid, the borrower is given a mortgage and documents on his ownership. The owner is obliged to apply to RosReestr with a mortgage, a passport, an extract from the USRR and a contract of sale - write an application for the removal of the encumbrance. The procedure takes about a week and is free.

When the mortgage process is completed, it is best for the family to apply to the USRR for a new statement to facilitate the further procedure for the distribution of shares. And in the next six months, the owner should fulfill a notarized obligation, namely, to give children square meters in real estate, the purchase of which was carried out for the money of maternity capital.

How are the sizes of shares determined and how is their allocation

The whole process of the procedure for allocating shares to children according to the use of maternity capital includes the following steps:

• the owners allocate a share to the child and notarize this obligation. Without notary confirmation, this paper is considered legally invalid, that is, without any real force;
• after making a purchase of real estate or a mortgage loan, the family must sign the entire package of relevant documents. The composition of securities in it is determined by the method of fulfilling the obligation. Most often, a donation or an agreement on the determination of shares is indicated;
• the last step is the registration of property in the relevant institutions - with a package of documents, parents go to a multifunctional center or registration service.

The law of the Russian Federation requires that a notarial obligation to allocate shares in maternity capital be issued no later than six months. The countdown of the date starts from the day the mortgage loan is paid or from the moment the mortgage is returned and the encumbrance is removed. distributing living space on children, parents must take into account the requirement of the law - each minor child born by the due date of the mentioned obligation, must become the owner of a certain part of the housing.

Under this transaction, there may not be any distribution of shares - if the purchased housing was issued from the very beginning for the whole family, including both parents and children. Going to the Pension Fund, the certificate holder only needs to supplement the main package of documents with copies of the sale and purchase agreement, which indicates all the new owners. Or provide a notarized certificate of ownership.

In practice, the allocation of shares to children when using maternity capital can be formalized by a donation agreement or an agreement on determining the size of the shares. The legislation establishes that the normalized value for each person is to provide him with at least twelve square meters of space. However, this value varies depending on the region where the family lives. By law, a person can be assigned an area of ​​at least six square meters. What by the footage should be the allocation of a share to children when using maternity capital is not indicated in any regulatory document.

Both the gift and the allotment agreement provide for free transfer shares for children on maternity capital. If we consider both options, then making a donation is a simpler procedure. If you draw up an agreement on the allocation of a share to children, it is better to contact a lawyer for a sample document. The document must contain the following information:

• personal data of the owner or owners of housing - last name, first name and patronymic;
• passport details and registration address of the owner;
• all information about the property, including its registration data;
• information on the exact amount of space allocated to each of the children - an indication of the number of meters transferred to the property of the child;
• date and place of the agreement.

The agreement is signed by all participants; for minor children, their legal representatives, most often parents, sign. The completed agreement must also be submitted to the registration authority.

The donation procedure is most often used in practice, because of its simplicity of registration. You can ask for a sample agreement by contacting a notary office or the relevant registration institution. The applicant is provided with a standard contract form, in which you need to enter:

• information about all participants in the transaction - donors, a child or children who receive a share in the apartment;
• information about the object of the transaction - real estate, including the exact area;
• determination of clear values ​​transmitted to minors. According to the law, six meters is the minimum to allocate to children for maternity capital, which all families who have issued this obligation are obliged to.

It is also important that the meters allocated by the agreement in the apartment cannot be taken back - the signed document does not have retroactive effect. If the allocation of shares to children after the repayment of the mortgage by maternity capital is properly executed, then from now on they are equal co-owners of this property. With all the ensuing consequences and rights.

The procedure for allocating shares is influenced by the design features of the real estate itself and who the owners-donors are according to the documents. If the property is listed jointly, without division of shares, you should contact the specialist of the registering authority for advice. You may need an agreement on the redistribution of shares between the parents, and only then - drawing up a donation deal to the offspring. If the footage is divided initially, the procedure is extremely simple - each of the owners participates in giving children shares from their area.

Responsibility for failure to fulfill the obligation to allocate a share to the child

Often, citizens are rather frivolous about their obligations and ask a logical question - what will happen if the mentioned shares in real estate are not allotted in the future to children. Failure to fulfill this obligation is most often explained by the duration of the mortgage repayment - usually parents use maternity capital as down payment for housing. According to the law, it is necessary to allocate a share to the children of the purchased apartment or house within six months after the payment of the mortgage with maternity capital. But in reality, redemption credit obligations can drag on for many years, and in the end, the parents simply do not remember that there is still an official division of shares in the apartment by obligation. One way or another, but responsibility is also provided for taken and not fulfilled duties.

IN legislative acts, regulating the procedure for the use of maternity capital, does not clearly spell out responsibility for violations of certificate holders. That is, the failure to allocate a share to a child cannot entail a large fine without a court decision. But compliance with the fulfillment of obligations is strictly controlled - both by employees of the Pension Fund and by the prosecutor's office. The country has long carried out well-functioning control of all transactions made with the involvement of state support funds. If the family was given maternity capital, but the children did not receive shares in the acquired real estate, the court can distribute the shares with the issuance of an appropriate resolution.

If the parents managed to sell the property without endowing their children with square meters, the court may declare the sale and purchase transaction invalid. And divide the apartment into shares, as required by the rules for the use of maternity capital. Employees of the guardianship authorities, the branch of the Pension Fund and the child himself upon reaching the age of majority can go to court with questions of compensation and what to do if the notarial obligation on maternity capital has not been fulfilled.

In any case, when buying a home, a share in the apartment should also be allocated to children if funds from maternity capital were used to purchase real estate. If a house or apartment purchased on a mortgage was sold as a result of a divorce, division of property or for other reasons, the child must be registered in another apartment. And in this new apartment equivalent or larger shares should be allocated to children in comparison with their squares in the sold housing.

A formalized obligation to allocate shares of maternity capital is a guarantee that a small citizen will not remain on the street after the decision of the parents to sell or exchange housing, divorce or move. Cases in the life of Russian families are different, and documenting the child's right to their own square meters - The best way protection of his interests.

You may be interested in other articles on this topic:

Is it possible to get maternity capital for twins at the first birth

Last updated February 2019

A young family, a mortgage, the birth of a second (or subsequent) child, maternity capital ... For some time now, another concept has taken a close place in this row - the obligation of parents to allocate a share to children in a residential building.

It is drawn up if the family uses maternity capital to pay off mortgage debt. Thus, the state, which stands guard over the interests minor child, tries to protect him from the risk of being left without a roof over his head under certain circumstances (family breakdown, death of parents, etc.).

Most often, a mortgage loan is issued by married couples, where both spouses are co-borrowers and at the same time owners of housing purchased with a mortgage. Therefore, we will consider this option in our article.

For information! A loan can be issued solely for any of the spouses. Loans and mortgages are not allowed for other relatives, otherwise it will be impossible to dispose of maternity capital.

When is a commitment made?

After receiving a certificate for maternal or family capital you need to re-apply to the territorial department corresponding to the address of your residence pension fund RF. There you need to write a statement that you want to send his funds (or part of the funds) to repay a housing loan.

The PF specialist will, among other numerous documents, require the specified obligation from you in the presence of the following circumstances:

Without a pre-arranged obligation, the Pension Fund will not allow you to use maternity capital funds to pay off mortgage debt.

Who should make a commitment

The obligation must be drawn up by the owner of the housing for the purchase of which a loan was issued and a mortgage was issued. It is this person who guarantees the allocation of a share to children, spouse. Usually (if we are talking about a family where its members are husband, wife and children), the acquired property is either in shared or joint ownership of the spouses. That is, both spouses are co-owners of the apartment. But there are cases when the apartment is purchased on loan funds mortgage before marriage. The owner will be one of the spouses (acquired housing). It is then that he draws up an obligation on his own behalf.

To whom is the obligation issued?

By general rule obligation is issued in relation to:

• spouse and all children in the family (if the owner of the apartment is one of the spouses).
• all children (when the apartment is owned by both spouses).

It should be borne in mind that when drawing up the obligation, only those children with whom there are official parental ties (blood parents, adoptive parents, etc.) are taken into account.

For example, a woman married a man who has a son from his first marriage. The son began to live in a newly formed family. During their marriage, they had two children together. With regard to the husband's child from his first marriage, the wife did not establish a family relationship. The family purchased an apartment with a mortgage. When applying for the disposal of maternity capital, the woman submitted an obligation to allocate a share only for two joint children.

When Commitment Is Not Required

If the purchased apartment on a mortgage was initially registered with spouses and children, then instead of the obligation to the pension fund, along with the application for the disposal of maternity capital, certified copies of documents confirming the ownership of the housing (acquisition agreement (purchase and sale), certificate of ownership) are submitted. property) of children and spouses.

How a commitment is made

The obligation to allocate shares in housing to their children is drawn up by a notary in accordance with the norms of Federal Law No. 256 of December 29, 2006, entitled “On Additional Measures of State Support for Families with Children”, and certified by him. The cost of processing such a document is about 1100-1500 rubles.

A commitment that is not certified by a notary has no legal force and is not accepted by the pension fund. The original obligation is transferred to the PF.

When drawing up the obligation, both parents must be present, who are borrowers and will become full owners of mortgage housing after the encumbrance is removed from it.

If the borrower and the owner of the apartment is one of the parents, then the personal presence of only such a parent is required.

The text of the document states that parents undertake to register their apartment (other housing), acquired using maternity capital, into their own property, as well as into the property of all their children they have on the day this obligation is fulfilled, within the time limits specified by law. In confirmation, the document is signed by the parents with a decoding of the last name, first name and patronymic.

Deadlines for fulfilling obligations

The above federal law provides for a six-month period for the fulfillment of this obligation (that is, the allocation of shares in housing to children) from the moment the mortgage loan is repaid, the mortgage is returned to the borrower, and the fact of removing the encumbrance from the apartment will be registered in Rosreestr.

Pay attention to the fact that it will be necessary to allocate shares in the apartment to all children, how many of them will be in the family at the time of fulfillment of the obligation, that is, repayment of the mortgage loan.

Eg, in 2013, your second child was born, you used maternity capital funds to partially repay a mortgage loan, you paid it in full only in 2015, and by that time a third child was born in the family. So all three children will need to allocate shares.

What size of shares to establish

The legislation does not specify the specific amount of the child's share, which should be reflected in the obligation and subsequently allocated. But in Housing Code RF states that the norm of living space per person is 12 square meters. This rate may vary in different regions of the Russian Federation and depending on various situations. The same normative act provides the minimum sanitary standard for living space, and it is equal to 6 square meters.

The text of the obligation itself does not require an indication of the specific size of the shares that should be allocated to children, but in the process of registering housing for ownership, this issue must be approached with all seriousness.

Liability for non-fulfillment of an obligation

Several years may pass between the execution of the document and the implementation of the obligations given in it - few people manage to repay a mortgage loan in a couple of years. Yes, and the original obligation to allocate shares to children is given to the Pension Fund when applying for intended use mother capital. And, as they say, out of sight, out of mind. However, this obligation should not be taken lightly and forgotten.

Until now, the legislator has not clearly established who exercises control over the fulfillment of the obligation and what measure of responsibility is provided for the violator.

However, it cannot be said that the violation of an obligation is an absolutely unpunished act. Practice knows many examples of attracting persons to criminal liability for fraud. But this is mainly due to the cashing of a certificate for maternity capital.

If we talk about a simple failure to fulfill the obligation to allocate shares in the apartment to children, then such liability options are possible as:

• recognition of the invalid transaction for the sale of an apartment. For example, parents paid for part of the apartment with maternity capital, but did not fulfill their obligations to allocate shares to children. The apartment has been sold. Subsequently, such a sale can be challenged, recognizing it as illegal, that is, return everything to its place (they take away the apartment from the buyer, and the parents return the money to the buyer). This issue is resolved in judicial order. The plaintiff can be any interested person, including a pension fund or a child who has reached the age of majority, who has not been allocated a due share.
• compulsion in court to allocate a mandatory share. This issue can be raised by the prosecutor's office and the pension fund.

In a number of regions of the Russian Federation, checks for compliance with the obligation are carried out government bodies(by the prosecutor's office, the pension fund jointly by the guardianship and guardianship authorities).

Based on recent trends, they want to resolve this problem at the legislative level.

The question often arises about the consequences of improper performance of an obligation, for example, violation of the deadline. By and large, if the deadline for fulfilling an obligation is overdue, no one will prevent its fulfillment on the grounds that the allotted time has expired. Accordingly, there is no liability for the fulfillment of obligations with delay.

Failure to comply with the conditions specified in this document threatens the culprit with administrative liability, as well as the payment of previously received maternity capital in full back to the state treasury.

Removal of encumbrances from housing

IN credit institution to confirm that the mortgage loan is repaid, you will be issued a mortgage. With it, as well as originals and photocopies of a loan (or credit) agreement, a sale and purchase agreement (or an equity participation agreement in housing construction, if the apartment was purchased in a new building), a certificate of state registration of ownership of this apartment, you should contact the Regpalata.

Upon your application, the fact of removal of the encumbrance will be registered, and if you wish, you will receive a new Certificate of registration of rights to housing ownership. This procedure is free.

After that, within six months, you must fulfill the obligation and allocate shares in this housing to the children.

The process of allocating shares to children

The allocation of shares to children for maternity capital in housing can occur in at least two ways:

• by drawing up an Agreement on the allocation of shares in housing for children in connection with the use of maternity capital,
• by compiling their minor children.

Theoretically, neither method contradicts the norms of Russian civil law and represents a gratuitous transfer of a share in real estate (that is, both the first and second methods are donations, executed in different ways), but in practice it is better to first consult with a specialist of the registering authority (registration chamber). ) in your region.

In our opinion, it is better to make an ordinary donation, since this transaction is extremely clear, clearly spelled out by the legislator. There will be no questions during registration.

Let's consider these methods in more detail.

Agreement on the allocation of shares in housing

You can draw it up at the notary, providing the latter Required documents and paying about 1500-2000 rubles. At the same time, you can be almost sure that the agreement will be drawn up legally competently and will suit the registration authority.

But you need to know that this document does not require mandatory certification by a notary, therefore, you can draw it up yourself and completely free of charge. But there is no guarantee that it will be issued correctly, and state registrars will agree to accept it. So far not developed uniform pattern a similar document that would suit any employee of the Regpalata.

Agreement of donation of shares in housing

Sample standard contract it is not difficult to find donations by parents of shares in housing to their minor children. You can ask for help in compiling it in law firms. Employees of the Regchamber are quite willing to register transactions executed in this way.

Controversial issues arise when it comes to what kind of property the parents have housing - in a common joint (without specifying the size of shares) or in shared (in mortgage apartments more often each spouse has ½ share).

When the ownership of an apartment is divided into shares, everything is clear: one parent gives part of his share to one child, and the second part of his share to the second.

When the property is joint, it seems to be even simpler, because it is assumed that everyone owns half. But some registrars require the spouses to first set the size of the share in the apartment for each by agreement, and only then allocate them to the children in the manner indicated above. Therefore, it is also advisable to first consult with a specialist of the registration authority of your particular region, and only then draw up an agreement.

Both of these documents are different in form, but each of them must contain mandatory information:

• date and place of compilation,
• full personal data of the participants in the transaction (full name, date and place of birth, address of registration and actual residence, passport data),
• characteristics of the apartment (location address, footage),
• link to the registration document of the residential premises,
• the size of the share in the apartment, established by each participant in the transaction.

Documents are drawn up in several copies - according to the number of participants in the transaction, one is sent to the registration authority. For example, when shares are allocated by two parents to two children, an agreement or donation agreement is drawn up in five copies.

The donation agreement is signed by all participants. If the donee are minor children, then the text of the contract indicates which of the parents is the legal representative of a particular child. The document is signed on behalf of the child in this case the respective parent.

Documentation

When you have decided which way of giving children shares in an apartment is most appropriate for you, you need to prepare the following documents:

• applications for registration of the right to ownership of a share in an apartment on behalf of each participant in the transaction (filled in by the state registrar),
• an agreement on the allocation of shares in the apartment or a donation agreement in the required number of copies (signed by the parties in the presence of the registrar),
• parents' passports (originals and copies of all pages with marks),
• marriage certificate (original and photocopy),
• birth certificates of all children (originals and their photocopies),
• a document certifying state registration of ownership of housing (original and its photocopy),
• agreement on the purchase and sale of an apartment (contract of shared construction, etc.),
• receipts confirming payment state duty in the total amount of 2000 rubles (this amount is divided equally between all participants in the transaction).

You can submit documents directly to the Registration Chamber, or through the Multifunctional Center. Their review takes about 10 working days. When contacting the Multifunctional Center, this period can be extended up to 12 days.

After the expiration of the above period, certificates of state registration will be issued to the applicants for each, indicating a specific share.

Allotment of shares in another apartment

When you provide a branch of the Pension Fund with an obligation to allocate a share to a child in an apartment due to the use of maternity capital funds when buying it, then their duties include transmitting information about this to the Regpalata. This is done so that the owners, having paid off the mortgage, could not make any deal with this apartment without first allocating shares in it to their children.

Let's open the secret that this is not always done. Meanwhile, in practice, there are often situations when such negligence of PF employees comes into play.

Example. A young couple immediately after the wedding buys a one-room apartment in a mortgage for 10-15 years. A year later, their first child is born, a couple of years later - the second. Having received a certificate for maternity capital, they direct all its funds to repay a mortgage loan. As a condition necessary for such use of mother capital funds, they formalize the obligation to allocate shares to children in this one-room apartment. The loan is repaid and there is an opportunity to sell this one-room apartment and buy more living space. But what about commitment?

You can contact the guardianship and guardianship authorities and ask for permission not to allocate shares in a one-room mortgage apartment, but to allocate them in another, larger one. In practice, this body does not give such permission - you already have this small housing, but who knows if there will be another.

They offer to draw up a sale and purchase transaction at your own peril and risk - perhaps the pension fund did not transfer information about your obligation to the Regpalata and the transaction will go off without a hitch and without a hitch.

If this is true, then no one will forbid you to sell the housing bought on a mortgage, purchase another one and allocate shares to the children already in it. Here everything is on your conscience. But you should not forget about responsibility either.

If the risk is not included in your plans, then you will need to allocate shares to children in mortgage housing - what is indicated in the obligation, then go through a long procedure for permission to sell it in the guardianship authorities. And they will certainly demand to allocate shares to children and in newly acquired housing, in no smaller amount. If at all they deem it necessary to give permission for its sale. And this is a double payment of by no means a small state duty, a double collection and re-issuance of documents.

To avoid such difficulties, at least two pieces of advice can be given.

1. If, when buying a home with a mortgage, you and your spouse, even in the distant future, are planning the birth of a second child, consider options with two-, three-room apartments, etc.
2. If one apartment is bought with a mortgage, and compulsory shares you want to allocate children to another, try to make a deal so that both housing is yours at the same time and at that moment apply for permission to the guardianship department. In this case, you should not refuse to allocate shares to children in an apartment with a large footage, even if it is not indicated in the obligation.

How is the obligation fulfilled?

After the allocation of shares for children in the apartment passes state registration in the register, the obligation is considered fulfilled. You can dispose of the apartment as you please, but, however, already with the permission of the guardianship and guardianship authorities.

The fulfillment of the obligation to provide any reporting or notification to the pension fund is not required. Also, there is no need to withdraw the obligation itself (the document in the original) from the pension fund for its cancellation and so on. If you have any questions, to confirm the fulfillment of the obligation, it is enough to present documents on the right of shared ownership of the apartment with children.

If you have questions about the topic of the article, please feel free to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article, if a similar question has a detailed answer, then your question will not be published.

Being a parent is a big responsibility. It is important not only to raise a good person out of a child, to invest in him an understanding modern world and make resilient to the pace of life.

It is important to give him the basic material benefits for a full existence and a comfortable life. Mother and father must provide their child with food, clothing, a roof over their heads and education. In other words, to prepare for the entry into adulthood so that he can easily pass on the same to his descendants.

Assistance in the implementation of these tasks is provided by the Russian federal program. It is aimed at stimulating the birth rate by providing social guarantees to the population. Young families can spend these funds on the education of children, the formation maternity pension, caring for a disabled child, improving living conditions. The last item is undoubtedly the most popular use of government grant money. It is understandable, most importantly, you need to provide your family with their own separate housing.

Legislative side of the issue

Federal Law No. 256-FZ "On additional measures to support families with children" dated December 29, 2006 establishes mandatory requirements to use the certificate for maternity capital.

Among them is the design of a special paper - commitments to allocate shares children.

So, first things first. The wording itself speaks for itself: the capital is "family", provided to the mother. She is obliged to distribute the property purchased for these funds to all family members. First of all, this applies to children, since this category population is unprotected. In order to protect the child and guarantee him the rights to the acquired property, the state introduced this document.

The fact is that, under the conditions written in the 256th law, federal funds for the purchase of housing are allocated after the birth of a second or subsequent child. Thus, the state tries to avoid the birth of unwanted offspring, for the selfish purposes of the parents. That is why matkapital can be used only after 3 years. This does not apply to the purchase of an apartment, but at the same time, mandatory additional steps are provided.

General rules

With this document, the state is trying to protect the child from negative, emergency, unforeseen situations. These include the divorce of parents, their death, deprivation of parental rights, recognition of the mother or father as incapacitated, and other cases. The child should not be left without a place to live.

Allocate shares in the apartment and house, in accordance with the mother capital program, as with, on their own, joining share building. If the family is incomplete, one parent becomes the owner; in a complete family, spouses prefer to share rights, drawing up the object in half. At mortgage lending husband and wife act as co-borrowers and often share the living space in equal shares.

If the buyer initially at the time of the property transaction registers both the spouse and all their children as owners, then registration of the obligation to allocate shares is not required. The owner of the certificate is obliged to enter in the document his own children or officially adopted. Stepchildren, stepdaughters, children under guardianship are not included here.

The order of compilation and types

The law establishes allocation of shares in an apartment purchased with the help of maternity capital:

Structure and content

Structure and wording of the document determined by the notary on the basis of:

• method of acquiring housing;
• number of owners;
• the presence of an encumbrance on the property, etc.

Strict rules regarding appearance agreement, not stipulated by the state. They adapt to the situation. Notaries are most often aware of what model it is necessary to enter the text, for the ten-year practice of the existence of the mother capital program, everyone has long learned their duties. By the way, specialists of the Pension Fund do not have the right to accept documents arbitrarily drawn up and not certified by a notary.

General requirements to the information specified in the obligation:

The owner of the certificate keeps a copy of the obligation, and the original is sent to the Pension Fund.

Cost and terms of registration

Commitment must be completed within six months after the maternity capital is received, and the housing is registered in the property. In the acquired apartment or built house, equal shares must be allocated to all family members (mother, father and children).

Sometimes it is not possible to immediately fulfill an obligation, since a encumbrance. This applies to mortgage housing. If the owner of the certificate decided to use the loan when purchasing the premises, then until it is repaid, the housing is owned by the bank. The borrower will be able to allocate shares to relatives only after the full repayment of the loan. This is also given a maximum of six months.

There is also a practice entry into shared construction at the expense of maternity capital. Then the obligation cannot be fulfilled until the object is officially put into operation. It is logical that it is still impossible to register in a non-existent house.

Appeal to the notary office for the execution of such paper will cost 1500 rubles for each owner. It turns out that if the housing is registered for the mother, then she will pay only 1,500. And in the case when the spouses decide to divide the apartment in half, they will have to pay twice as much - 3,000 rubles.

Failure to comply with the mandatory condition for the allocation of shares to children in a room purchased with maternity capital is a crime. However, no control measure is yet envisaged, as well as any kind of liability. Apparently, the state relies solely on the conscience of the parents.

For the procedure for allocating shares to children in residential real estate acquired with Maternity Capital, see the following video: