Biggest lottery wins in a month. Biggest lottery wins

The cost of real estate today is quite high. It is for this reason that the state practices various subsidy schemes, due to which the purchase of an apartment is greatly facilitated. On the this moment one of these subsidies is maternal capital.

General provisions

State different ways provides support to families in which there are two or more.

One of these support schemes is . Its value for 2019 is more than 400 thousand rubles.

This amount can be targeted and can be used different ways. It is important to remember that one of the most profitable options for using maternity capital is real estate.

It should also be remembered that the sale of an apartment purchased using maternity capital can only be carried out with the appropriate permission from the special guardianship and guardianship authorities.

The main issues that need to be considered in advance include:

1. What it is?
2. Who can fall under the category.
3. Where to go.

What it is

Maternity capital is a targeted subsidy that applies to a certain category of citizens.

That is why the sale of housing that was acquired in whole or in part by using the appropriate certificate has a large number of the most different features, nuances.

It is best to deal with all of them in advance. It is important to remember the need to respect the rights of minors.

Today, the Pension Fund of the Russian Federation is directly responsible for issuing this certificate. To obtain maternity capital, you will need to contact the regional branch of the PFR.

The amount of maternity capital has been indexed throughout the entire period of its existence.

Initially, its value was only 250 thousand rubles (for 2007). At the same time, for 2019-2017, given value at the level of 453 thousand rubles.

Often, these funds were used as a down payment in the implementation of the procedure for buying an apartment in a mortgage.

It is important to remember in advance that after the purchase it is required to draw up documents for the child - he must become a share in the apartment.

If this requirement is not met, the relevant authorities may issue an order for the return of funds.

At the same time, it is possible to sell an apartment that was purchased using maternity capital. But it should be remembered that this procedure can be implemented only if a number of different conditions are met.

That is why the buyer, who will carry out the purchase of an apartment in this case, should be as careful as possible. Since facts often occur regarding the cancellation of a transaction in a judicial proceeding.

Who can fall under the category

Maternity capital is issued directly only when certain conditions are met.

At the moment, the list of such conditions includes the following:

It should also be remembered that only a limited list of persons has the right to sell an apartment.

At the moment, this list includes:

• directly homeowners;
• representatives of the interests of the owner - parents, adoptive parents, specialized bodies;
• confidant.

In accordance with the current legislation, various kinds of manipulations with real estate, including sale, have the right to be carried out only by owners.

That is why one of the most important documents in the sale of housing is title deeds. But sometimes it happens that for some reason the owner does not have the opportunity to independently carry out the sale.

In this case, all the powers necessary for the implementation of the procedure are transferred to the authorized person. But in order to carry out the procedures, it will be necessary to issue special document – .

It must be notarized, otherwise it has no effect. Also attached to it is a document proving the identity of the authorized person. In such a case, the right to carry out the sale arises.

Sometimes it happens that the sale process is implemented by other bodies. For example, it can be judicial or any other.

Often, housing is withdrawn in order to pay off debt. To do this, it is sold at a special auction.

In this case, various manipulations related to the implementation are usually carried out by bailiffs. It is important to familiarize yourself in advance with all the nuances associated with this procedure.

Where to go

The algorithm for selling an apartment acquired with the help of maternity capital can only be carried out if important condition- the consent of the guardianship and guardianship authorities.

In accordance with the current legislative norms part of the apartment, which was purchased at the expense of maternity capital, must be registered for the child.

Since it is the minor who is partially the owner of the housing, in the absence of consent to the transaction of the guardianship and guardianship authorities, the sale of the apartment will simply be impossible.

Therefore, the first place you should contact when selling housing is this institution. In addition, you will need to visit an extensive list of other institutions in order to collect the necessary documents in this case.

This list includes the following:

1. Notarial office.
2. operating company.
3. Passport Office.
4. Rosreetr, EGRP.

The Bureau of Technical Expertise will need to be visited in order to obtain, as well as an extensive list of other documents.

If it was carried out in the apartment, you will definitely need to draw up a special project plan.

Often this document is also necessary to complete the transaction. A notary will be needed to carry out the procedure for certifying the contract of sale.

Many buyers require as a mandatory document precisely the presence of a special one, which confirms the absence of debt for utilities. It is possible to issue such a certificate at the operating company.

Also important is the design. In the absence of such, it will be quite problematic to carry out the process of registration of an apartment.

Sale of an apartment purchased using maternity capital

The sale of an apartment acquired with the participation in this procedure of maternity capital funds can be carried out subject to the fulfillment of a certain number of special conditions.

There are a number of different important points that you should definitely familiarize yourself with in advance.

These primarily include the following:

• the necessary conditions;
• sequencing;
• order of registration;
• required documents;
• seller's risks;
• important nuances;
• what is regulated.

The necessary conditions

To implement the procedure for selling an apartment, you will need to fulfill a number of very different important requirements.

The list of those mandatory, in case of failure to comply with which the transaction simply cannot be carried out, includes the following:

The most important point is precisely the process of obtaining permission from the relevant authority. It is important to remember that priority state is to protect the interests of minors.

If for some reason they are infringed, the court will do everything possible to restore justice. Up to the cancellation of the transaction and the return of housing to the owner.

That is why, if there is a need to purchase housing of this type, carefully study the documents.

If for some reason there is no relevant experience regarding the execution of a transaction of this type, then it is imperative to seek the advice of a qualified lawyer.

This will avoid a large number a variety of complexities. First of all - judicial trial. Arbitrage practice on this subject is quite extensive, it is worth familiarizing yourself with it in advance.

Sequence of action

The process of drawing up a contract for the sale of real estate is carried out in a standard way.

This procedure includes the following main steps:

If for some reason there is no desire to independently carry out the process of buying and selling, you can simply transfer the appropriate power of attorney to qualified specialists.

For a fee, private realtors or entire real estate agencies will carry out everything necessary actions.

Registration procedure

An important stage of the transaction is the registration of ownership of a particular property.

This will be possible only through a special institution - Rosreestr. To do this, you will need to submit an appropriate application in the prescribed form.

Also, all the necessary actions can be carried out through the MFC - a special multifunctional center. With its help, the registration process can be accelerated to the maximum.

But it is important to remember that not all MFCs and not in all regions provide a service of this type.

That is why, before contacting the appropriate institution, it is important to find out whether it is possible to register property rights in this way.

To implement the state registration procedure, you will need to pay. Its value will be 2 thousand rubles.

It is important to remember that the amount of the fee will be taken into account with a coefficient of 0.7 - if the Portal of State, Municipal Services is used to implement all actions.

This moment is established by the Tax Code of the Russian Federation. The duration of the state registration procedure is no more than 10 days.

If registration is carried out on the basis of notarized documents, then it will take only 3 days.

It is also important to remember that the sale of an apartment that has been owned for less than 3 years must be carried out upon payment of a tax fee. When individuals the rate will be 13%.

In certain situations, it is possible to receive. It will also be necessary to issue a tax in an appropriate manner. If the sale is carried out by a non-resident of the Russian Federation, then the rate will be 30%.

Similar is the case with legal entities. It will be mandatory to carry out the process of paying the tax fee.

In case in certain period time payment is not made, then a fine may be imposed, as well as a penalty.

Required documents

To carry out the procedure for selling an apartment, you will need to collect a fairly extensive list of a wide variety of documents.

The family successfully disposed of the maternity capital funds and acquired housing for itself - an apartment or a house - for a state certificate. However, in life sometimes there are various situations when you urgently need to sell a dwelling bought with maternity capital. Such life circumstances include, for example, a change of residence or replacement of housing with a more suitable one. In these cases, the question logically arises, is it possible to sell a house or apartment purchased with maternity capital?

Terms of legal sale

The transaction of purchase and sale of residential premises in which maternity capital funds were invested is legal, if only it is made with the aim of improving living conditions family, which issued a certificate of maternity capital. Depending on whether the funds of maternity capital were spent on the construction or acquisition of a property sold to a new owner, as well as on the age of the children, the conditions and methods of its sale depend.

So, if by the time the need arises to sell the house there are no minors among its owners (children have reached the age of 18), to complete the transaction, it is only necessary to obtain the written consent of all owners of shares.

But if the participants in shared ownership have not reached the age of 18, then the purchase of the sale must be approved by the guardianship and guardianship authority, otherwise the transaction will be considered illegal.

Initially, when a family was issued a maternity capital certificate, the main condition was the requirement to obligatorily register the acquired house or apartment in common ownership in equal shares for all family members, including, of course, all its minor members. And here, the guardianship and guardianship authorities, by virtue of their duties of authority, closely monitor compliance with this condition, suppressing any options when minors, as a result of any actions, can be deprived of the rights to housing purchased for maternity capital.

That's what it is main reason why the sale of housing purchased with maternity capital requires a permit from the guardianship and guardianship authority.

To obtain such permission, it is necessary to submit a package of documents confirming that the rights and interests of minor owners will be observed during the sale of housing.

How will these rights be violated?

The rights of minors will be respected when two conditions are met in the sale transaction:

1. 1) minor co-owners of shares will retain their rights to property in new or other residential premises (already existing or purchased instead of being sold).

   And for this, they must be allocated equal shares.

2. 2) the residential premises, which will be acquired in exchange for the alienated one, must be large or equivalent in area.

   If the housing being purchased is not larger than what they had, then the share for children should be increased when registering ownership of them. This will ensure that the living conditions and property interests of children will not deteriorate.

Thus, a house or apartment purchased with the participation of state funds from maternity capital can be sold if guardianship and guardianship gives permission, and if the family improves or maintains its previous living conditions (conditions for maintaining property rights and interests of minor children).

After what time can I sell a house bought or built for maternity capital?

Law No. 256-FZ of December 29, 2006, which regulates relations related to maternity capital, does not contain prohibitions and restrictions on the sale of housing purchased or built for maternity capital. The main thing is that the sale is approved by the guardianship authority, since such a condition is directly contained in articles 28 and 37 of the Civil Code of the Russian Federation and in article 21 of the guardianship law.

What happens if the housing purchased for maternity capital was sold without the consent of the guardianship authority?

Such a transaction will not be registered by Rosreestr and the family will not be able to register ownership of the new housing. The transaction will be declared invalid.

For how long is a permit for the sale of a house or apartment issued by the guardianship authority?

Such a period is not established in the legislation, but a procedure has developed in which a permit is issued for a period of 3 months. There is a departmental letter from the Ministry of Education (No. 09-M “On the Protection of the Housing Rights of Minors”), which states that in such cases, sales contracts are provided within one month from the date of receipt of approval from the guardianship authorities for the sale of the property. If after this period the transaction has not taken place, it is necessary to re-apply to the guardianship for a second permit.

And there's more important points. Although a home that has been purchased using a certificate can be sold at any time after purchase, it is important to follow the following guidelines.

If the house or apartment has been owned by the family for less than 3 years (and for housing purchased since 01.01.16 - less than 5 years), upon its alienation, it will be necessary to pay income tax! The tax can be waived, family members have not previously exercised their right to tax deduction and are going to conduct two transactions at once in one tax period: for the sale of old and for the acquisition of new housing.

If the house was purchased with a mortgage that had not yet been repaid at the time of its sale, then in addition to allowing guardianship, it is necessary to obtain the consent of the bank to transfer obligations to a new buyer.

Is it possible to fulfill the obligation to allocate a share after the sale?

If the maternity capital is fully or partially directed to pay off the mortgage, the family is obliged to submit to the department of guardianship and guardianship a notarized obligation that within six months after the removal of encumbrances from the property, they will give all children shares in it. The law does not specify the terms during which a dwelling acquired using maternity capital is not subject to alienation.

That is, the sale of a house or apartment can happen at any time, regardless of whether all family members received their shares or not. In the actions of parents government bodies fraud will not be detected when such a transaction has received the approval of the guardianship authority.

Guardianship gives written permission to alienate the house without allocating shares to children if they are provided with space in another house.

Other housing here may be housing purchased to replace the alienated one (an apartment or a house). Other housing may also be housing already owned by parents or other relatives.

Technology for selling a house bought with maternity capital

And so, we figured out that the current legislation does not contain prohibitions on the alienation of houses bought or built with the involvement of family capital, even if they contain minors' shares. Such a transaction will be legal if the children are provided with equal shares in other housing.

In case of a simultaneous transaction (two different transactions) for the purchase and sale of housing between the parties to the agreements, a preliminary sale and purchase agreement is signed, in which the shares that are due to minors are immediately prescribed. Such an agreement or obligation to allocate part of the residential premises to the ownership of minor family members must be certified by a notary and submitted to the guardianship authority along with an application for permission to purchase and sell.

How to apply to the guardianship authority for the sale of a house, apartment?

For any transaction for the sale of an apartment, house or other living space in which a minor child is registered, it is necessary to obtain permission and consent from the guardianship and guardianship authorities. Without these documents, the sale of housing is impossible and will be illegal, the contract will be canceled. The laws of the Russian Federation protect the interests and rights of children, so absolutely all real estate transactions are subject to strict control and verification. When selling a house or apartment, shares in which belong to minor children, it is obligatory to purchase new housing, which is no smaller in area and no worse in terms of living conditions than the one sold. To obtain the consent and permission of the guardianship authority, an appropriate application is submitted. If this is not done when selling housing, guardianship goes to court with a claim to recognize the sale as illegal and to bring parents to the measures of responsibility provided for by applicable law.

Submission of documents

Before making a transaction for the sale of housing, the owner is obliged to submit a written application with a notification of his intention to the guardianship and guardianship authorities in order to obtain permission and consent. In this document, in addition to the notice of sale, it should be indicated that all rights, as well as the interests of a minor child, will be respected. An application is drawn up in one's own hand in the presence of a guardian.

Along with the application and documents, the guardianship officer is obliged to talk with parents and children (who are 14 years old) and draw up a report on the results of the interview.

The following documents must be attached to the application with a request to allow the sale of housing: passports of parents or guardians, marriage certificate or its dissolution, birth certificate of minor children, maternity capital document, documents on the acquired housing, where shares will be provided to minor children, documents on real estate for sale (certificate of ownership; cadastral and technical passports and plans; an extract on the cost of housing), a certificate of no debts, an extract from the house book, passports of children who have reached 14 years of age, their written consent to the sale of their share, certificates of appraisal the value of both properties, preliminary sales contracts.

If minors are not listed in the contract for the purchase of housing as co-owners, a notarial obligation is required to allocate their shares in the future.

In addition to the interview, representatives of the guardianship authority visit the address of the intended residence of the family in order to study the quality of the purchased housing and respect the interests of minor family members, including in order to exclude the prevention of cashing out maternity capital through the purchase and sale of dilapidated housing.

On behalf of minor children who are under the age of fourteen at the time of the sale of the apartment, their parents, adoptive parents or legal guardians act. After reaching the age of fourteen, the child must participate in the transaction personally, but the parents must give written consent to this.

If children remain with their parents after the sale of the apartment, the permission and consent of the guardianship and guardianship authorities can only be obtained if an equivalent apartment or house is purchased instead of the sold property.

In order for the decision of custody to be positive with the maximum probability, it is important to observe the following simple conditions

1. show the inspector of the guardianship department the cleanliness of the impending transaction, convince him that you found it in advance suitable option and conclude a preliminary contract for both the sale and purchase of residential premises;
2. both contracts must specify the same date of signing the final sale and purchase agreement, i.e. Both trades must go through at the same time.

After obtaining the consent of the guardianship authority, the transaction can be carried out at any convenient time.

Sometimes parents try to shorten the time and not miss out on a good deal when selling and buying a home, and they risk a lot. They sell an apartment without waiting for the permission of guardianship, buy new housing, register children in it, and only after that, they submit a report to the guardianship authorities. Often, the guardianship authorities do not agree with such actions and challenge the transaction in court with a sad result for the seller and buyer of real estate.

Is it possible to sell the maternity capital certificate?

The Internet is now full of advertisements for the purchase and sale of maternity capital. In fact, the state recognizes these transactions as illegal. The law significantly limits the ability to spend maternity capital. The certificate holder does not receive this money either in cash or non-cash to a current account or bank card, and therefore it is impossible to withdraw it and spend or sell it.

It is forbidden to cash out the certificate, in other words, to receive real banknotes for it in one way or another.

It is known that the funds of maternity capital can be used for three specific purposes: to improve housing conditions (acquisition, construction of a dwelling, payment of a down payment, repayment of the principal debt when obtaining a loan, including a mortgage, for the acquisition or construction of housing); for the education of children in any educational institution on the territory of the Russian Federation, having the right to provide paid educational services; for the formation of the funded part of the labor pension of the mother, who is the owner of the certificate. And it is important to recall that, as a rule, it is possible to dispose of maternity capital after three years from the date of birth of the child. An exception was spelled out in the new federal law regarding payments under loan agreements for the purchase or construction of housing. Until that moment, mothers with maternity capital had no choice but to wait three years and only then send it to pay off loan obligations.

Is it possible to sell a house built on maternity capital?

Children in a family that paid for housing being purchased and under construction with maternity capital receive ownership of part of the housing. This also applies to its purchase at the expense of the certificate (including a mortgage loan) and to its construction or reconstruction.

In any case, the transaction for the sale of a house, in which maternity capital was previously attracted, requires mandatory consent guardianship authority. Only in one case, their approval is not necessary, this is when a reconstructed or built house for maternity capital began to be sold after the children who were issued a maternity capital certificate became adults, that is, they reached 18 years of age. In other cases, the sale is possible only for the subsequent purchase of more comfortable and spacious housing - or at least equivalent to the housing that is being sold. The exceptions are cases when parents are forced to exchange for another housing of a smaller area in order to send cash compensating the difference for the treatment of a seriously ill child.

When selling on the secondary market houses built with the involvement of family capital, some of which are owned by minors, the same rules described earlier apply as in the case of the alienation of any other property, the co-owners of which are children.

From all of the above, the following conclusions can be drawn:

1. A residential building acquired, reconstructed or built with the funds of a mother's certificate can be sold at any time.
2. When selling it, the requirements established by law and aimed at observing the rights and interests of minor family members must be observed.

No matter how long-awaited the purchase or construction of a house is - regardless of whether maternity capital funds were used for these purposes or not, as well as its cost and living space - over time, even the most spacious and comfortable house may no longer meet the needs of the family, which raises the question of whether it is necessary sale or exchange.

So for the family house sale- this event is just one of many in the general series of events associated with. However, depending on whether the funds of the mother's capital or the property sold to the new owner were spent, as well as on the age of the children, they depend conditions and methods of its sale:

• If by the time the desire arises to sell the house among its owners no minors(children have reached the age of 18), in order to complete the transaction, you only need to receive written consent of all owners shares;
• If the participants in shared ownership are children under 18 years of age, then the transaction is possible only with the permission of guardianship authorities(OOiP).

Conditions for the sale of houses purchased for maternity capital

Due to the fact that OOiP guard the interests of minors, the most the main condition transfer of funds from the parent certificate is a requirement to register the acquired property for all family members, .

The guardianship authorities closely monitor the observance of this condition, conditioned their actions by the prevention of event scenarios in which minor owners may lose their rights to property.

It is for this reason that in order to alienate such houses, it is necessary to have a preliminary permission from the guardian, which can only be obtained if they are provided with documents confirming that rights and interests of minor owners will be observed as a result of the sale transaction:

• for minor shareholders preserve their property rights- i.e. in other residential premises (already existing or bought instead of the one being sold), they must be allocated equal shares;
• living quarters that will acquired to replace the alienated, must be large or equivalent in area.

If it's not, the kids should get in it large shares, i.e. housing conditions and property interests of children should not be worsened.

Thus, a house purchased with the participation of mother capital, can be sold under the following conditions:

1. OOiP provided written agreement for the transaction;
2. The family will maintain or improve their living conditions- which also implies the preservation of property rights by minor children.

How long does it take to sell a house after buying?

Despite the fact that the law on maternity capital No. 256-FZ of December 29, 2006 does not contain direct prohibitions and restrictions for the alienation of real estate acquired at the expense of a certificate, such a transaction must be approved by the guardianship authorities, since this requirement is expressly stated in Art. 28, 37 of the Civil Code of the Russian Federation, as well as in Art. 21 Law "About guardianship".

If among the documents required for registration of the transaction, there is no consent of the OOiP, the refusal of Rosreestr to perform registration actions with the property of minors will be inevitable.

The period during which this permit is valid is also not regulated by law:

• as a rule, permission to alienate property of minors is valid for three months;
• in the letter of the Ministry of Education No. 09-M "On the protection of housing rights of minors" it is explicitly stated that in such cases, sales contracts are provided within one month from the date of receipt of approval from the guardianship authorities for the sale of the property.

If by the end of this period the transaction has not taken place, it is necessary to reapply in OOiP for a new permit.

Although a house that was purchased from can be sold at any time after the purchase, it is important to consider some circumstances:

If the house belonged to the family less than 3 years(and in relation to housing purchased starting from 01.01.16 - less than 5 years), when it is alienated, it will be necessary pay income tax.

This duty can to avoid, if family members have not previously exercised their right to tax deduction and are going to spend in one tax period at once two deals: selling old and for buying a new home.

1. If the house, which at the time of its sale has not yet been paid off, then in addition to permission for custody, you must obtain bank consent to transfer obligations to a new buyer.

Is it possible to fulfill the obligation to allocate a share after the sale

In the case when the maternity capital is fully or partially directed, parents provide to the OOiP notarized commitment about the fact that during six months after the removal of encumbrances from the property, they

Russian legislation does not regulate the period during which a residential property acquired using mother capital, not subject to alienation- this means that the transaction can take place Anytime, regardless of whether all family members received their shares.

chief criterion for the legitimacy of such a transaction and as a result - the protection of parents from charges of fraud with public funds - is the approval of the Guardianship Authorities for its implementation.

OOiP will provide written permission to alienate the house without allocation of shares to children, if they are provided with an area in another house, while we can talk about:

• about the property purchased instead of alienated(apartment or house);
• about living quarters already owned parents or other relatives.

How to sell a house bought with maternity capital

As already mentioned, the law does not establish prohibitions on the alienation of houses bought or built with the involvement of family capital, even if they contain minors' shares.

However, such a transaction can be recognized as conforming to the law only in one of the following cases:

Juvenile owners will receive in another residential area equal shares and maintain their living conditions at the same level.

Compliance with this condition is possible with simultaneous transactions and. To do this, between the parties to future transactions, it is enough to sign preliminary sales contracts, in which you must specify in advance.

Then, with the consent of the OOiP, the transaction can be carried out Anytime.

1. The law also allows options for payment to minor owners monetary compensation, comparable with the value of the alienated shares, established on the day of the transaction.

   This procedure is carried out with the written consent of the guardianship authority, which is issued after a thorough study of all documents, among which there must be certificate of the value of the share(without evaluation).

   • Funds are deposited into bank accounts opened in the names of children, where they will be kept until they reach adulthood.
   • Regardless of whether it is a savings deposit or just a current account, parents of minor children will be able to manage the money only in exceptional cases and with the written permission of the OOiP.
2. If the family plans do not include the purchase new housing to replace the one being sold , then minor children may be endowed with equal alienable shares in another house - and not necessary so that it belongs to the parents, and not to grandparents or other close relatives of the children.

In the general case, even situations are admissible in which the share allocated in return may be less than the original. This is possible if:

• will be credited the same amount square meters - since in different areas of residential premises the same number of square meters will be different proportions;
• in different areas cost per square meter living space can vary significantly, which is reflected in certificates of the cost of the sold / exchanged share and allows you to allocate to minors reduced shares of equal value.

Is it possible to sell a house bought with maternity capital and buy another

After a thorough study of all documents, OOiP employees invite parents and children who have reached the age of 14, for an interview. In addition to the interview, representatives of the OOiP can carry out departure to the address the intended residence of the family, in order to ensure the quality of the purchased housing and the observance of the interests of minor family members, including in order to exclude prevention through the purchase and sale of dilapidated housing.

Since the main concern of the OOiP is to control the observance of the rights and legitimate interests of children, the transaction must comply with the established requirements - and then a permit for the sale can be obtained in two weeks from the date of submission of the application.

Main criteria the legitimacy of the transaction is:

• preservation living conditions at the same level or their improvement, for example, when moving to a more new house located in an area with more developed infrastructure;

• vesting minor family members with property rights to the acquired residential premises (or payment of appropriate monetary compensation to them) with the determination of their share in the ownership right, which will be no less than the alienated one.

Showing guardians that both of these conditions will be met during the transaction is actually very simple:

• it is only necessary to find a suitable option in advance and conclude preliminary agreement how for sale, and to buy a home;
• both contracts must specify the same date of signing the final sale and purchase agreement, i.e. both transactions must pass at the same time.

Is it possible to sell a house built on maternity capital

Minor family members necessarily acquire ownership of a part of the residential premises, not only in the case of it (including), but also when sending its funds or owned by parents.

Therefore, a deal to sell a house built with the involvement of family capital, without the consent of the guardian can only be carried out if all co-owners are already of age.

• In other cases, the sale is possible only for future purchase more comfortable and spacious housing - or at least equivalent to the housing that is being sold.
• An exception is cases when parents are forced to make an exchange for another housing of a smaller area in order to send funds to compensate for the difference, for the treatment of a seriously ill child.

When selling on the secondary market houses built with the involvement of family capital, some of which are owned by minors, the same rules apply as in the case of alienation of any other real estate, co-owners of which are children.

Conclusion

Purchased, remanufactured or built on home can be sold at any time- but only with strict adherence to the observance of the rights and interests minor family members, deprived of the opportunity to take part in the transaction, one of which is the acquisition of a new property that is larger than the one being sold in terms of size and conditions.

How to sell an apartment bought with maternity capital? - many owners who have minor children think about this. In the article you can get acquainted with the basic rules and features of such transactions.

Indeed, it is possible. But in order to do this, you will have to put in a lot of effort. The family will need to collect a large list of documents. It will also be necessary to prove to the guardianship authorities that the rights of the child are not violated. All this will require quite a lot of time and effort. But, in any case, the deal is possible. In order not to make mistakes, you need to know a few rules and subtleties. First you need to understand what is maternity capital.

What is maternity capital?

Maternal capital - special program, which provides support to families and provides for special payments. They are paid if a second, third and so on child is born in the family. In 2016, it will amount to 473,412 rubles, gradually increasing it. You can use maternity capital, that is, state assistance, only once.

Maternity capital can only be spent in a few areas. For example, these funds can be further invested in the child's education. This also applies to payment. kindergarten, and musical and art schools, and the university, and technical school. You can also use the money to buy a new home. It must necessarily be located on the territory of Russia.

What to do if you bought an apartment with maternity capital, but now you want to sell it?

Such situations arise quite often, and there are several ways to solve them. Most often, families use the money received from material capital to purchase housing. There are several conditions under which you can sell an apartment bought with maternity capital. Guardianship authorities always carefully monitor that funds are used only for specific purposes.

If your apartment was bought with maternity capital, then it is a common property. This means that each family member owns a certain share of this apartment, which is negotiated in advance. This share is owned even by minor children.

At some point, the family may decide to move to another place. Perhaps they were able to save up enough money to buy a house closer to the city center. If the children have already grown up and become adults, then there will be no obstacles. In this case, you can safely dispose of your housing. The only thing is, when selling, their agreement must be provided.

If the children are not yet 18, then this situation is much more difficult. The guardianship authorities will immediately take an active part in it. To perform any action with an apartment (sale, exchange, donation), you first need to get their agreement.

Conditions under which the sale is carried out

First of all, you must contact the guardianship authorities and inform about your decision. You must figure out how to deal with an apartment purchased with maternity capital. It is very important that at the same time living conditions are not worsened. Therefore, you will not be able to exchange an apartment for another, but with a smaller area. Under the conditions, you can purchase a larger apartment or in a better area. You can also make an exchange of apartments. In this case, the area of ​​the new one should be equal to the first or slightly larger.

All this can be quite difficult to implement. You will have to bypass many inspections, provide a large package of documents. This process may take some time.

Interesting! Guardianship authorities in some situations may meet halfway and allow the exchange of housing for an apartment with a smaller area. This, for example, is possible if the child needs expensive treatment. All documents that testify to this must be provided to the guardianship authorities. If the authorities agree, then the transaction can be made.

After the guardianship authorities have learned about your decision, you begin to look for a suitable option for the purchase. As soon as you find it, the deal is negotiated. If everything suits you, you must contact the guardianship authorities again and provide the consent of both parties. You should also bring copies of your passports with you. Further, the guardianship authorities make their decision on whether the transaction can be carried out.

A certain set of documents must be submitted to the guardianship authorities. First of all, you will need a statement from the parents and a statement from the child if they are over 14 years old. You will definitely need copies of the passports of those who own a share of the apartment. In the event that the child lives with guardians, they must provide relevant documents that confirm their guardianship.

Receipts with signatures must also be provided to the guardianship authorities. They indicate that all family members agree to the transaction. There must also be documents confirming ownership and documents that indicate that the maternity capital was actually received and used.

All information about the apartment must also be provided. These documents include:

• plan of the apartment;
• documents indicating the cost of housing;
• utility bills;
• a copy of the contract for the apartment;
• certificates of no tax arrears.

Pitfalls you may encounter

Most difficult situations arise if the apartment was purchased in a mortgage with an investment of maternity capital. If you want to sell this housing, and get a new one again in a mortgage, then there is a very high probability of refusal. A refusal can be obtained even if all the conditions and rights of the child are not violated.

When making such transactions, you must immediately provide a share of the children already in the new housing. The problem is that the new housing may not have been commissioned yet.

Difficulties can arise with the bank. If you take out a mortgage, then if you cannot pay the debt, the bank has the right to deprive you of this previously purchased apartment. But, if a minor child is registered there, it will no longer be possible. Therefore, banks often refuse mortgages for this very reason.

The consequences of the sale of an apartment purchased at the expense of maternity capital

There are situations when the owners who made a transaction for the purchase and sale of an apartment did not take into account all the rules and requirements. Accordingly, any violations could occur. There are cases when children later go to court, as they were deprived of their share.

This is dangerous because the transaction can be completely canceled. Then the buyer will have to return the property, and the seller the money. This is not possible only if certain deadlines have been violated. For example, if more than 3 years have passed since the discovery of infringement of their rights for adults or 3 years from the moment of reaching the age of majority.

Imagine such a situation. You bought an apartment, but did not know that maternity capital was invested in it. At the same time, the shares of the children were not paid. In this case, the transaction will be officially invalid, and, as already mentioned, the seller returns the money, and the buyer returns the apartment.

The whole exchange will take place. But during the time when you lived in the apartment, you could make repairs, buy new furniture and so on. Moreover, new housing is not so quickly acquired. Also, money for a canceled transaction may not be returned immediately. After all, most likely the buyer does not have such a large amount on his account, since he could invest the money from the sale in something else. Therefore, he will return the money monthly, in certain payments. This may even take several years. Such situations are not beneficial for both the seller and the buyer.

Fact! To avoid this situation, before buying an apartment, ask the seller if he has children. If yes, then you need to request confirmation of the use of maternity capital. You should not agree to a deal if the seller does not want to provide all the necessary documents.

Selling an apartment is a complex transaction. Therefore, if you are afraid of making a mistake, you can use the help of a lawyer. Do not rush to do everything yourself. This can lead to the fact that you will be completely homeless.

A person who sells an apartment also needs to be careful and understand that if the children are not included in the apartment, then there may be problems with the court. Both parties may suffer damage in this case.

Six years of the program for providing "maternity capital" after the birth of the second or subsequent children in the family showed that one of the most common options for using the amount received is to use funds to improve housing conditions. Often an obstacle to such a purchase is the fear that in the future acquired square meters will be difficult to implement. For example, an apartment purchased at the expense of the amount provided by the state cannot be sold in the future. Certain obstacles can actually arise, in order to overcome them, it is worthwhile to evaluate all the prospects and potential negative aspects before making a decision. A good help in this situation is scrutiny federal law dated December 29, 2006 No. 236-FZ. This document is still called "raw" by experts, but its provisions often become the basis for competent actions.

Does the law provide for the opportunity to sell real estate purchased with maternity capital?

After the purchase is made, especially if the cost was paid immediately, the new living space completely becomes the property of the buyer. In the future, an apartment or house purchased as part of the sale of funds provided for by federal law for families with a second newborn is subject to the principles and rules that apply to the ordinary sale and purchase of real estate in the territory of our state. Considering that since January 1, 2014, maternity capital has been increased to 429,408 rubles 50 kopecks, in many regions of the country it can become a substantial additional contribution to the total purchase price, the question of whether it is possible to sell an apartment purchased with the help of maternity capital becomes more and more more relevant. By the way, those who have not yet exercised their right, after carefully reading the changes in 236-FZ, will find out that they will be given an updated amount, and not the one that was entered in the document at the time of documenting the exercise of their right.

Even this fairly substantial amount still usually becomes a contribution to the purchase of long-awaited own housing in the private sector or in a small urban high-rise total area. As a rule, almost any family tries to expand such a property. In the law and by-laws, the period of ownership of square meters purchased using funds received after the appearance of a second or any next baby in the family is not specified. If you have funds for a new acquisition, you can sell them at any time.

The limitation on the duration of the transaction is only the three years specified in the law. Only upon their expiration after the date of birth or adoption of the heir can any transactions be carried out with the amounts allocated and indicated in the certificate. That is, after the expiration of three years, the purchase of a property and its complete registration of ownership, such “brought by a stork” rooms and houses can be sold literally the next day.

The law also provides for a moment that allows you to realize the amount called the certificate earlier than three years after the birth of the crumbs. In accordance with part 6.1 of Article 7 of Federal Law No. 236, you can apply for funds at any time if the funds are needed to pay debts on a loan to buy a home or to pay for an existing mortgage loan issued in the name of the official representative of the son or daughter .

Restrictions that may arise when selling a property

When considering how to sell an apartment purchased using maternity capital, it is important to remember that a boy or girl must be included in the list of ownership of such a property. The one whose birth became the basis for receiving the amount named by the legislation. Further transactions with the property received due to the appearance of a new family member, one of the owners of which is a minor child, are formalized only with the participation of representatives of guardianship and guardianship authorities.

An alternative option is not including the baby among the owners. According to the provisions of Federal Law No. 236, this is a violation of the law and will definitely become clear when selling any housing purchased with maternity capital. This will be revealed at the first inspection of the property. Today, all real estate agencies are attentive to transactions involving families with children born after 01/01/2007. The check is carried out on all persons registered in the apartment at least from this date.

When making such a transaction, it is important to remember that the guardianship authorities must provide maximum information about the new housing of the child owner. In accordance with the law, it must be no smaller in area and no worse than the current living conditions. In the event of a deterioration in the living conditions of the crumbs, the guardianship and guardianship authorities may consider the possibility of depositing an amount equivalent to the value of “his” square meters at the time of sale to a personalized account. The child will be able to use such an account only after he is recognized as capable. Permission from the guardianship and guardianship authorities must be officially reserved in the local district administration by a person not lower than the head.

The problem with how to sell housing bought with maternity capital after a few years with a child included in the list of owners may already arise because the child refuses to complete the transaction. Being the owner, he is able to have a significant impact on this process.

Registration of a mortgage based on the preliminary sale of housing purchased with "mother's money"

Since 2007, the conditions for the sale of an apartment or house bought with maternity capital have included the maximum number of positions designed to protect the rights of a baby whose birth was the reason for the provision of funds. Including a significant number of additional requirements must be met in the event that an apartment purchased with state funds becomes the basis of the next transaction with a mortgage. Programs for the acquisition of residential property in a mortgage with a down payment in the form of housing in which the family lives are common today. But most banks are cautious about providing a loan with a down payment in the form of a single apartment to families with minor children. Moreover, banks are afraid of any options for transactions where children are co-owners.

Now it is known that the term of this program has been extended until 2016. Given the positive examples of its implementation, it can be assumed that it will continue to exist in the future, helping to improve the country's demographic situation and the standard of living of its inhabitants.