When spending government money on housing improvements, participants in the family support program are faced with such a condition as the need to allocate a share to children in an apartment purchased with maternity capital.
Studying the legal norms and nuances of acquiring real estate using money allocated under the family capital program will help you understand the limitations and nuances of fulfilling this requirement.
The program started in 2006. Its basic law is Federal Law No. 256.
The subsidy is allocated to parents at the birth of their second child. There are restrictions on the disposal of state financial assistance received under this program (Article 7).
You can use the funds on:
improving the quality of housing;
education;
treatment and socialization of children with disabilities;
parents' pension savings.
The state strives to secure cash programs from misuse.
Pension Fund
The family does not receive the main amount of the subsidy. To confirm the existence of state support, parents receive a certificate - virtual money stored in the Pension Fund.
It is he who decides whether the planned use of the subsidy is legal. If the law is followed, then the funds are sent to their intended destination.
Also, the Pension Fund of Russia is assigned the function of monitoring the expenditure of public funds and the fulfillment by families of all the conditions of the program.
They are enshrined in a separate document - Government Decree No. 862.
Both documents regulate the procedure for sending funds:
when purchasing real estate;
residential renovation;
construction of a new apartment or house;
housing reconstruction;
covering a loan taken to improve housing conditions.
They also stipulate conditions and restrictions, as well as liability for their failure to comply.
Such actions protect the program from fraudulent real estate transactions.
Allocation of shares in real estate acquired with maternity capital
Since we are talking about targeted support aimed at helping families with children, the interests of the latter are especially protected.
Terms of use of funds
In order to legally own a subsidy, you must draw up a document recording the distribution of shares between the owners.
The law directly establishes the following requirements:
register an apartment purchased with maternity capital as common property: parents and children;
fix shares by agreement;
provide for the possibility of redistribution of shares (if more children appear in the family).
The final document must take into account all these requirements. Adults have the right not to participate in the distribution of shares. The refusal must be in writing and certified by a notary.
Responsibilities of owners for the distribution of rights to real estate
The rights to a residential property owned by a family through the investment of family capital must be divided among all family members.
The certificate holder must understand that:
he is responsible for determining the shares;
if the certificate was received during marriage, then the spouse in whose name it was received is obliged to divide the property into shares for the children and the other half;
it is prohibited to exclude any family member from the distribution of property rights (or deliberately not to take them into account when registering);
exceptions in determining shares are made only for children of the spouse of the certificate owner from previous marriages (the property rule does not apply to them if there is no formalized adoption of the child).
If the subsidy is spent on finished housing, already owned by one of the parents or purchased with the participation of mortgage funds, then its owner or the person being financed must distribute the shares. Thus, if one of the parents is initially the owner, he is obliged to divide the property into shares for the others. His refusal to perform this procedure may be challenged in court.
How to determine the size of shares
The law does not regulate the size of shares when dividing family property. The only condition regarding the volume of living space is that the parties must come to an agreement. The norms according to which shares from the common property are allocated to everyone in equal amounts are also not mentioned.
Experts advise following the Housing Code, which specifies the minimum living space standards per person. According to sanitary conditions, the minimum is six, and the standard is twelve square meters.
Methods of registering property
The owner of the certificate is also free to choose from the existing options to legally secure the shares.
There are several ways to register shares between family members:
Sign the agreement.
Prepare a deed of gift.
Register in Rosreestr the transition of sole ownership to co-ownership.
Notarize the obligation to allocate shares in the apartment in the future.
Resolve the issue in court (if parents or children cannot agree on the conditions for allocating shares on their own).
Deadlines for registration of shares
The period that the law provides for registration is six months from the moment the money is sent to offset the cost of housing.
In practice, it is not always possible to document common shared ownership when providing a subsidy.
The main obstacles to the implementation of the law arise when children are not initially owners:
the investment is made in a property that already has an owner;
funds are used for construction, and until its completion it is impossible to secure ownership;
the subsidy is used when a family bought property in a cooperative, and only one of the parents became a member;
In addition to family capital, mortgage funds are included in the housing offset;
When purchasing a property, installments are applied, and registration of ownership is possible only after final payment;
The subsidy compensates for a finished house or apartment, while the owner of the certificate is not its owner.
In this case, the law allows for the registration of an obligation to the Pension Fund.
Obligation to comply with the law
The document can be submitted to the Pension Fund by the owner of a residential premises or the holder of a contract for an object paid for by maternity capital. For example, when mortgage lending, construction, membership in a cooperative or installment payments. The responsible person acts as a guarantor that, as soon as the terms of the transaction allow, he will allocate shares to the children and spouse.
The main thing in it is the period indicated as the beginning of the countdown of the established period (six months) of registration of common ownership under the obligation.
The document is certified by a notary and gives the Pension Fund a guarantee that the shares of the certificate holder, spouse and children will be allocated in accordance with the law.
Important! When sending a request to the Pension Fund to invest family capital in real estate, ownership of which cannot be registered within six months, the presence of a notarized obligation plays a decisive role. If it is not available, the subsidy will be denied.
Features of allocating shares in transactions involving mortgage funds
The peculiarity of purchasing a home using both family capital and mortgage funds is that it is often possible to register ownership of it only after the loan has been fully repaid. The law allows the use of swear words. Cap. to pay the mortgage principal, down payment, and interest.
Documents on the absence of encumbrance
Before you formalize the removal of the encumbrance from the living space, you should collect supporting documents.
These include:
mortgage from the lending bank;
a purchase and sale agreement, the subject of which is a property with a share of family capital;
extract from the Unified State Register of Real Estate;
passport of the persons with whom the mortgage agreement was signed.
This package of documents is submitted to Rosreestr, where the encumbrance will be removed from the property within a week. After this, you should re-order an extract from the Unified State Register with new data. Since 2019, it has replaced the certificate of ownership, which is no longer issued to owners.
From the moment the encumbrance is lifted, the residential property must be divided by the owner into family members.
It is important to remember that all children existing at the time the encumbrance is lifted must be given shares. For example, if the mortgage was paid off for 15 years, and during this time another child was born, he should be included in the number of owners.
If the property under the contract is initially registered in the name of both parents and all children, then there is no need to separately provide an obligation to the Pension Fund. It will be replaced by a home purchase document.
Procedure
When starting the procedure for allocating shares to children, it is worth considering several factors. The most important of them will be the form of ownership of the housing in which the subsidy is invested.
One owner
If the owner of the property is one of the parents, then he is obliged to give ownership rights to the other within six months.
After this, each of them must allocate a share to the children by gift or by drawing up an agreement.
Common shared ownership
If the housing is in common ownership of the spouses, then they own the parts of the property fixed in the documents. In this case, parents can immediately grant ownership rights to their children.
Joint ownership
In case of joint ownership, property rights are not divided according to documents. Therefore, the first step will be to determine the shares between the spouses, and the second - for the children.
According to the law, parents are obliged to grant property rights to housing to both minors and adult children. The latter are required to provide written consent to the transaction or refusal of it.
Registration of allocation of shares
The transaction for registering property rights is carried out in Rosreestr or MFC.
To apply you must submit:
passports of adult participants in the transaction;
agreement or deed of gift;
marriage certificate;
birth certificates of children;
an extract from the Unified State Register of Real Estate (or a certificate of ownership);
the basis for the emergence of the right to property (sale and purchase agreement, equity participation, etc.);
on behalf of each participant in the transaction - an application to register ownership of a share in the property.
The last document must be filled out by a state registration specialist and signed by the interested party. If the agreement is drawn up without the participation of a notary, then it should be signed upon registration.
Registration of a license is subject to a state fee. Its amount is evenly distributed among all applicants for registration of a share.
Assignment of shares takes from 7 to 12 days.
If in statutory or under an obligation, the property was not divided into shares among all family members - this is considered fraud.
When regulatory authorities discover a violation, they have the right to:
force parents to comply with regulations urgently through the courts;
request the return of public funds;
cancel a real estate transaction;
contact law enforcement agencies with the requirement to initiate a criminal case, the maximum term of restriction of freedom of violators can be five years.
When using maternity capital To improve your home, you should not neglect the law. Requirements to allocate shares to children in apartments and houses purchased with maternity capital protect them from unpleasant situations that may arise in the future. In addition, by violating the rules of the program, no one guarantees the outcome of the transaction on which so much time and effort was spent.
Attention! Due to latest changes in legislation, the legal information in this article may be out of date!
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Children are the flowers of life, almost every parent remembers this when protecting their child and worrying about his future. However, unfortunately, not all parents treat their children with such care. In this case, it must be remembered that even if the parent has a negative attitude towards the child, the state provides him with protection, and until he reaches the age of 18 he has his share in the house.
One day in the life of any family there may come a time when you need to sell your living space to purchase a new one. The reasons for this may be different: from moving to the need to increase the size of the apartment. Realtor services will accompany clients in all transactions for a fee to ensure the purchase and sale is carried out correctly.
If a minor child is registered in the living space put up for sale, then in order to circumvent the permission for the transaction from the guardianship authorities, he can be transferred to another house, for example, with relatives. It is worth knowing that the parent must also be registered in this house.
If the child is one of the owners of the home or has his own share in it, a number of problems arise with the sale of the house. For example, the sale of such an apartment will be prohibited, the only possible option: exchange. In the new living space, the child now also needs to be allocated a share; in this situation, the intervention of the guardianship authorities is necessary.
Allocation of a share in living space by exchange
Before putting your home up for sale, you must prepare all documents for the sale to authorize the transaction, including permission from the parents of the minor owner.
When choosing an exchange option, it is worth remembering that its share should be either the same as in the previous house or more, and the living conditions should not deteriorate. After all the documents have been prepared, you should contact the guardianship authorities with an application to obtain permission to exchange housing with the allocation of a share in the new property to the child.
Important: if the living space is sold without exchange, then an application is submitted to the guardianship authorities for permission to allocate a share to the child in another house. Even if the family does not intend to purchase in the near future new apartment, a child’s share in another house must be allocated.
In this case, one of the relatives can draw up a gift agreement, but do not forget that the share should not be less than the previous one. The difficulty usually arises in the fact that not every relative will agree to such a concession, since the gift agreement cannot be canceled, and the child becomes the owner of someone else’s property.
If the child did not have a share in the previous house, what rights does he have to the new living space?
When purchasing a new home, a share is not always allocated to a minor. Turning to the Family Code of the Russian Federation, it is worth knowing that:
- Any property acquired during the marriage with their own money is personal estate.
- Even if parents register the property only in their own name when purchasing, children still have some legal rights to the property.
- The rights of a minor without a share include the possibility of registration, residence and use of living space.
- In certain situations, children have the right to demand the allocation of their obligatory share, which is already legally provided to them.
Allocation of a child’s share in real estate and its size
- If children's capital was spent to purchase housing, the law does not have clear requirements for allocating a share; the child can have either 1/4 of the house or more than half. Only the fact itself is important: the minor must have a share.
- The decision to allocate a share should be approached extremely carefully, since the child will become the same full owner as any adult.
- If you purchased any certificates to support families, you need to pay attention to their contents. There may be a requirement such as the division of shares for all family members in different parts. In this case, the size of the share will be determined depending on the size of the apartment, and parents have no right to deprive the child.
If the transfer and acceptance certificate is signed, but the share has not yet been allocated
If for some reason the deed has already been signed, and the children do not yet have a share in the new property, this will only be possible after registration with Rosreestr.
Participation of a minor child in housing transactions:
- A 14-year-old child undertakes to participate in all transactions personally and sign contracts independently. He also signs the application for registration of property rights himself. A passport is required.
- One of the parents will be responsible for a child under 14 years of age. His presence in Rosreestr is not required.
What documents are submitted to Rosreestr
- Passports of parents and children (birth certificate if the child is under 14 years of age).
- Copies of certificates.
- Agreement in the number of participants in the transaction.
- Documents for ownership of the apartment.
Payment of state duty
The amount of state duty for registering property rights is 2 thousand rubles, it is divided among everyone who should receive a share under the agreement. Be sure to obtain copies of payment slips.
Submitting documents is possible without paying a state fee, provided that it will definitely be paid later. The registration period for the right is 10 days, the storage period is up to a month, after which the document is considered archived.
Attention! From December 29, 2015
The rules for separating the marital share from common joint property have changed. Such an agreement or contract between spouses is subject to mandatory notarization (as a variant of a marriage contract). Therefore, if the loan was issued to one of the spouses or to common joint property (without defining shares), then you will definitely need a notary. And then, having received the appropriate shares, you can give the required part to the children.That is, first you need to determine the shares of the spouses. Then conclude a gift agreement in which the Donor gives a part of his share to each of the children, and the Donees (children, represented by the second parent) accept these shares as a gift.
There are probably other options. But you need to know the initial state of affairs and relationships (whether the children have the same dad or different ones, to whom and how the ownership was originally registered). I will leave the agreement on the allocation of shares to spouses and children in a simple written form as it is for now; perhaps someone will find ideas and individual wording useful.
For the rest, read above.
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Using maternity capital funds makes it easier to purchase housing large families. State subsidies go towards paying the first installment on a mortgage, building a new house, joining a housing cooperative and other cooperatives. However, in order to dispose of maternal capital, it is necessary to allocate shares to the children and the second spouse.
Very often such allocation is postponed indefinitely. For example, if the spouses are just starting to build a house or have not yet paid off the mortgage. Federal law No. 256 allows for deferment of the allocation of shares to children, but the spouses will be required to provide a notarial undertaking.
What is it and where can I apply for it? You will learn about this and more from our article.
What is a commitment?
Let's understand the concepts:
Maternity capital(MK) is financial support from the state under the Assistance Program for Large Families. Immediately after the birth of their second child, parents are entitled to a lump sum payment - maternity capital. The subsidy will not be allocated if the spouses do not provide reports on planned expenses.
Obligation to allocate shares to children in maternity capital– a document certified by a notary, which confirms the spouse’s intentions to give children and husband (wife) a share in the apartment. Often the obligation is drawn up on behalf of one of the spouses - the owner of the certificate for receiving MK or the owner of the property.
When is a written commitment required?
Having defined the concept of “commitment”, it’s time to find out when it should be drawn up?
According to PP No. 862 of December 12, 2007, a written undertaking is required if:
- the property does not belong to the family on the right of common shared ownership;
- neither the mother nor the father of the child registered ownership with the Rosreestr authority - there is no certificate or extract from the Unified State Register of Real Estate;
- both parents own the home, but the children have not yet received a share;
- mortgage payments – the encumbrance prevents the immediate allocation of shares to family members;
- unpaid share contribution to housing cooperatives, housing cooperatives and other types of cooperatives;
- The couple began construction of a private house, but have not yet put it into operation.
Please note that if parents purchased housing and immediately registered it as shared ownership for themselves and their children, an obligation will not be required.
Deadlines
A standard sample obligation has a clearly defined deadline. Considering that housing situations are different, the period is also not the same.
The responsible spouse is given 6 months to fulfill the promise– allocate shares to children + second spouse.
Conditions for starting the execution deadline:
- repayment of the mortgage payment - with maternity capital funds;
- settlement with the seller of real estate - for example, by renting a safe deposit box;
- completion of installment payment;
- signing the acceptance certificate of the object - construction under the DDU agreement;
- final commissioning of the house (by the contractor);
- obtaining an extract from the Unified State Register of Real Estate with cadastral data - when building a house yourself;
- other conditions.
As you can see, the law sets a very specific deadline for execution. However, the condition that triggers the countdown is taken into account. It is the condition that should be relied upon when determining the deadlines.
How to formalize an obligation to allocate a share of maternity capital
Let's move on to analyzing the instructions for drawing up a notarial obligation.
Procedure
The sequence of steps is not particularly difficult. Most of the work is performed by a notary - a specialist who must certify the obligation with his seal.
How to make a commitment in 2019:
- Understand the conditions (see above).
- Find a notary office, find out about the reception schedule for the population.
- Visit a notary with a package of documents.
- Pay the state fee (see below).
- Draw up the text of an obligation to allocate a share to children.
- The responsible notary affixes the signature and seal.
Having finished drawing up the obligation, the spouse hands it over to the employee Pension Fund responsible for issuing financial assistance. The original document will remain with the Pension Fund, and the spouse will receive a copy. This is followed by the transfer of maternity capital funds to cover housing costs.
Where to contact?
Certification of the obligation to allocate a share to children in a notary’s office is the main requirement for drawing up a document.
According to general rules, spouses can contact a notary:
- at place of residence– the nearest branch;
- at the place of stay.
Be sure to check that the notary has a license. It is advisable to contact trusted companies that have been providing services for more than one year.
Required documents
Along with the obligation to allocate a share to the children, the responsible spouse provides the notary with:
- original husband's passport + copy of wife's passport (or vice versa);
- a copy of the marriage registration certificate;
- documents for children - birth certificates or their passports;
- original certificate for receiving maternity capital for the birth of a second child;
- title documents for residential premises - purchase and sale agreement, mortgage agreement, agreement to join the DDU, housing cooperative and other cooperatives;
- a copy of an extract from the Unified State Register or a certificate - if the housing has already been registered as the property of the parents;
- original receipt of payment of state duty.
The notary may ask for other documents, depending on the circumstances. Missing papers can be submitted on the same day. The notary requests individual documents independently - via an electronic database.
Price, cost
Prices for the provision of notary services depend on the region of residence. The highest price is in Moscow and St. Petersburg, with costs decreasing as distance from the center increases.
The state duty is (Article 333.24 of the Tax Code of the Russian Federation):
- 0.5% of the amount of maternity capital(calculation is carried out strictly according to the certificate) - not less than 300 rubles, but not more than 20,000 rubles;
- stamp and signature on the obligation – 500 rubles (average price– from 800 to 1,500 rubles).
In total, even if you draw up an obligation yourself, there is no escape from the costs. That is why, in order to avoid misunderstandings, it is best to draw up a document in the presence of a notary or contact a lawyer.
Sample obligation to allocate a share of maternal capital to children
Civil legislation does not provide clear requirements for the obligation to allocate children's shares. The only thing you should pay attention to is the text part of the document.
- personal data about the parties (full name of parents, children, passport and certificate details);
- name, number, information about the certificate for receiving maternity capital;
- information about the property - address, technical specifications, type of encumbrance (mortgage, cooperative), form of ownership, etc.;
- note why the allocation of the share to children is postponed (for example, building a new house or paying off a mortgage loan);
- the text part of the obligation (begins with the word “I undertake...”);
- deadline for fulfillment of agreements;
- personal signature.
The final step is for the notary to affix his signature and seal. The approved document is ready to be submitted to the Pension Fund to receive a state subsidy for housing.
How to compose?
The notarial document is drawn up in accordance with Art. 10 Federal Law No. 256 “On additional ...” dated December 29, 2006, as well as general provisions civil procedural legislation.
Rules for registering an obligation:
- A prerequisite is the presence of the applicant and the notary and/or the person acting as a notary.
- The form of the obligation to allocate a share to children and husband is simple, written.
- The document contains one or more obligations regarding the further distribution of shares. The applicant indicates when the deadline for fulfilling the obligation begins (for example, making the last installment payment).
- The text of the obligation must be legible, without ambiguous interpretations, blots or errors. Black or blue paste is used, as well as a computer for typing.
Obligations that are drawn up with errors cannot be accepted by the Pension Fund because they do not meet legal requirements. If the Pension Fund does not accept the obligation, the spouses will not be able to receive maternity capital funds to cover housing expenses.
Liability for failure to fulfill an obligation
Why does the original obligation remain in storage at the Pension Fund customer service? Representatives of the department reserve the right to check intended use maternity capital for current needs. If it turns out that the parents agreed to allocate shares to their children, but ended up decorating the apartment in their own way, they face liability.
There are two types consequences for failure to fulfill an obligation:
- criminal punishment under Art. 159 of the Criminal Code of the Russian Federation “Fraud”;
- redistribution of shares with the obligatory allocation of the children's part.
Non-binding parents will be asked to correct the violation voluntarily. If they refuse or begin to delay the deadline, the Pension Fund of the Russian Federation goes to court for the forced allocation of the children’s share. It is possible that parents will face a fine, and in some cases a very real sentence (usually suspended).
How to allocate a share in an apartment under an obligation
Further fulfillment of the obligation falls on the shoulders of one or both spouses - they will have to allocate a share in the apartment in accordance with the provisions of the law.
There are two options:
- agreement between parents on allocating a share to children;
- deed of gift for one child or for several children.
Both methods have the right to life, but the choice of a particular one is at the discretion of the spouses. Below we will consider both options, and also dwell on real-life examples.
Step by step instructions
Let's start with a description of the agreement, which is drawn up with the consent of both parents.
By agreement
Having agreed on the shares of the children, the spouses can formalize the agreement. It is important not only to compose the text, but also to have the document certified by a notary. The notarial form will protect against possible problems with the agreement being challenged by government agencies.
- indicate the type - on the allocation of a share to children based on maternity capital;
- personal data about the parties (full name, passport details of parents);
- information from an extract from the Unified State Register of Real Estate about the property (apartment, private household);
- what share in the apartment will each of the children receive;
- personal signatures with transcripts.
Example:
The Medvedev couple entered into a social mortgage. The first installment was repaid using maternity capital funds. The Medvedevs drew up an obligation to allocate the share of the children, where they indicated that they would fulfill it immediately after paying off the mortgage loan. After some time, the mortgage was paid off and the encumbrances on the property were removed. The Medvedevs again visited the notary and drew up an agreement to allocate a share to the children in the amount of ¼ per child.
By deed of gift
Since 2016, deeds of gift require mandatory notarization. We can say that the procedure is not much different from drawing up an agreement.
Spouses draw up a deed of gift taking into account the interests of the children. In addition to personal data, the donation agreement specifies the size of the shares.
It should not be forgotten that spouses can give children only part of their shares. Donation is appropriate in cases where both parents already have a share in the apartment, but want to register shares for their children.
Example:
A family of three (father, mother and little son) bought a 2-room apartment on the secondary housing market. The deal was arranged as an installment plan. A few years later, a second child appeared in the family, and after 3 years the happy couple were able to obtain a certificate for maternity capital. The parents planned to pay the remaining amount for housing with the help of government subsidies. Having assessed the situation, the head of the family drew up an obligation to allocate a share to the newborn. Immediately after settlements with the seller, the husband and wife visited the notary and issued a deed of gift - the new family member received the property portion from the previously allocated shares of the parents. His elder brother kept his share intact. Thus, the parents' shares turned out to be smaller than the children's shares.
Documents, terms, cost
Confirmation of the allocation of shares occurs in the Rosreestr authority at the location of the apartment or private household. However, it is better to submit documents through the MFC, regardless of your location.
Which ones will you need? documents:
- ID cards of parents and children (passports and certificates);
- statements in the prescribed form;
- a copy of the notarial agreement or deed of gift (at the choice of the applicants);
- information about the spouses' marriage;
- documents for the apartment or information about the removal of encumbrances (payment of a share in a cooperative, repayment of a mortgage, installment plans);
- receipt of payment of state duty.
The issuance of new documents on property rights (from 2016 - an extract from the Unified State Register of Real Estate) is considered a paid procedure - cost 2,000 rubles. Spouses can pay this amount in half.
Paperwork usually takes from 14 to 30 working days
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The allocation of a share after repayment of the mortgage with maternity capital is carried out using an obligation to allocate shares. This document is drawn up by a notary and costs from 1 to 12 thousand rubles.
The price range is quite wide, so it makes sense to call several offices in advance to find out where it is more profitable to formalize an obligation to allocate a share for children in the mortgage. The price depends not only on the region, but also on the notary office itself.
The essence of this document is that parents undertake to allocate shares to children after repaying the mortgage, or more precisely, within 6 months after the debt is closed and the encumbrance on the home is removed.
It is worth noting that if the obligation is not fulfilled, parents are brought to administrative and criminal liability on the basis of Federal Law No. 256 of December 29, 2006 and Chapter 1 of the Housing Code of the Russian Federation.
They will also need to return maternity capital funds to the state due to violation of the deadlines specified in the obligation.
It is interesting that the text of the obligation to allocate a share to children may change. Since it is provided by the Pension Fund of the Russian Federation, you should take a sample of the text in advance from the very department where you will submit the documents. This requirement is relevant due to the fact that different branches of the Pension Fund have different requirements for the obligation.
Drawing up an obligation
This obligation is drawn up by a notary. You can contact any notary. Since it has no expiration date, you can make it at any time. However, most often people start drawing it up immediately before going to the Pension Fund to submit a package of documents for the disposal of maternity capital.
It is best to formalize the obligation when you decide to use matkapital to pay off your mortgage.
At the same time, you must decide in advance on the Pension Fund branch where you will apply.
Compilation is carried out on the day of application.
Payment is made in cash.
During the preparation of the document, both parents must be present with the following documents:
- Passports and birth certificates of children.
- Loan agreement.
- Technical and cadastral passport for housing.
- Extract from the Unified State Register.
The requirements for the package of documents for a mortgage with children's shares may change, so it is recommended to call the notary in advance to find out what exactly is needed at the time of drawing up the obligation.
What deadlines must be met to allocate shares after repaying the mortgage? It takes six months to allocate shares to children. Otherwise, you may be subject to administrative and criminal liability.
Determining the size of the share
The size of the share can be absolutely any.
Most often, when paying off a mortgage with maternal capital and allocating shares, parents proceed from the formula that there are four family members and one apartment.
Thus, equal shares are allocated to everyone.
That is, children and parents each receive a ¼ share in housing. However, this formula does not always work. You can also give your children a ¼ share each, and distribute the rest among you as joint property.
Interestingly, adult children and parents can renounce their share in favor of some family member. To do this, they write a corresponding statement and attach it to the obligation.
In this case, the share of one of the family members in whose favor is being waived will be greater. This happens if the housing area does not comply with the federal standard prescribed in Chapter 1 of the Housing Code. According to this norm, there should be 6 square meters per person.
It is interesting that it is obligatory to allocate shares to children in equal shares, but it is not said what shares they should have. Therefore, some parents do the following: they allocate 1/100 of the share to their children, and the remaining part (98/100) is distributed between the parents.
This division also fully meets the requirements of Federal Law No. 256 of December 29, 2006.
How to allocate shares?
In short, you will need:
- Draw up an obligation to distribute shares from a notary.
- Provide a complete package of documents to the Pension Fund for the transfer of maternity capital to pay for housing.
- Transfer the balance in cash or using a mortgage.
- Register the transaction in Rosreestr.
When the mortgage is paid off, you will need to draw up an agreement on the distribution of shares.
It is drawn up in free form and must contain the following information:
- Full name of all members of the transaction, passport details, date of birth and place of registration. Children do not have a passport, so a birth certificate replaces it.
- Address of the object where shares are allocated.
- An indication of who exactly is the legal representative of the children.
- The size of the allocated shares.
- Date of agreement and place.
Some people have made such an agreement in advance. If it is dated before June 1, 2016, then there is no need to notarize it. If later than this date, then prepare to pay 1% of the cost of housing plus 3-5 thousand rubles for technical wiring.
You can also allocate shares by drawing up a gift agreement with a notary.
The cost will be about the same, but you won't have to draw up the agreement yourself. The notary will do all the work for you. You will only need to bring the necessary package of documents to Rosreestr to register the allocation of shares.
In Rosreestr you will need:
- Passports and birth certificates.
- Marriage certificate.
- Cadastral and technical passport.
- Gift deed or agreement.
- A receipt indicating payment of the state duty.
The registration process takes place within 10 days.
Thus, if you use matkapital to pay off your mortgage, be prepared for these additional financial costs. Moreover, to sell a property you will now need permission from the guardianship authorities. The new housing must be in an equivalent area, and the share must be no less than that of the existing housing.