Allocation of shares to children when using maternity capital: cost, documents

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Parents want to get their own home and raise their child in a spacious, comfortable apartment. Borrowing maternity capital is an excellent opportunity to build a house or buy an apartment. The state subsidy is aimed at helping young families with children.

It is not necessary to spend maternity capital on housing - you can pay for education in a kindergarten, school or university education... But the overwhelming number of government subsidies go specifically to improving the family’s living conditions.

Moreover, it is mandatory to register housing as common shared ownership: for parents and children .

The question arises: is it necessary to allocate shares to children in a new apartment? How to properly spend maternity capital in 2020 when buying or building a house so that inspectors don’t have any questions? Read our article.

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

Let's start by answering the pressing question - is it necessary to allocate shares to children when buying/constructing housing using maternal capital?

Turning to the law, you can note that the use of maternity capital to buy or build a house obliges to allocate a share to minor children (clause 4 of article 10 of Federal Law No. 256 of December 29, 2006). Moreover, we are talking not only about children born, but also about those who were conceived during the period of purchasing housing.

Together with the children, both spouses claim a share if they are officially married.

Is it possible to allocate a share when using maternity capital to other relatives - for example, nieces (nephews), brothers, sisters, stepsons, stepdaughters? No, the law does not allow them to participate in the distribution of shares.

Is it possible not to allocate a share to my husband?

Family law determines the equal right of spouses to acquired property. If the parents are married and want to spend maternal capital on the purchase/construction of real estate, the husband, as well as the wife, claims a share according to the law.

What will this share be? It all depends on the agreement of the spouses - they can draw up an agreement where to register the shares of each family member. The agreement is registered at the notary's office (Article 42 of Federal Law No. 218).

Not only our compatriot, but also a foreign husband can receive a share. If a woman purchases housing after a divorce, her husband does not claim a share in the apartment.

Rules for the distribution of shares in an apartment when using maternity capital

So, we found out that housing purchased with maternity capital is divided between both spouses and children.

To understand who should allocate what share, you need to consider distribution approaches:

It is most convenient to use the formula: one applicant - one share. For example, a family of 4 people can distribute shares in the proportion of ¼, according to which the mother, father and two children will receive a legal share.

Please note that equal shares may be available in the case of purchasing housing only with government support. The amount of maternity capital in 2020 is 453,026 rubles. It is logical to assume that finding housing for that kind of money is extremely problematic.

The Housing Code of the Russian Federation establishes the minimum standard per person in a dormitory (6 sq. meters) and in ordinary residential premises (from 10 to 18 sq. meters - depending on the region). Read more in the article “Minimum share of ownership in an apartment.”

Hence the definition of the share for family members - at least 6 square meters. meters, and preferably at least 14-18 square meters. meters _ If the size is smaller, the notary will not certify the parents' agreement. Questions from the guardianship authority cannot be avoided.

1. Percentage of maternal capital in the cost of housing

It is fair to calculate what percentage of the price of an apartment is covered by maternity capital.

For example, the child’s share can be calculated as follows: the price of the apartment is 3 million rubles; maternity capital – 453,026 rubles; total - 1/15 of the total cost. Therefore, if there are two children in a family, each of them will receive 1/30 of the share, and the parents will be able to distribute the remaining 9/10 among themselves.

The shares of adult children are determined by agreement with the parents. Neither the Pension Fund of Russia nor the prosecutor's office conduct special checks.

Minimum share

Minor children are entitled to a mandatory share in an apartment purchased using maternity capital. The question arises: is it possible to allocate a minimum share to children, and if so, how to do this?

As mentioned above, you need to rely on housing standards. According to Art. 50 of the Housing Code of the Russian Federation, standards are determined by municipal authorities. For example, if three or more people live in a family, the area for one of them in 2020 should not be less than 18 square meters. meters.

We conclude: the minimum share for children or parents is 18 square meters. meters.

The specified share will need to be specified in the agreement on the distribution of shares between family members. It is very important not to underestimate the indicator, otherwise you may incur sanctions from the inspection authorities.

How to allocate a share to children in an apartment purchased with maternity capital in 2020

It often happens that the housing is already registered in the name of one of the parents (father), and the maternity capital is used to repay part of the debt.

One of the parents must draw up an obligation to allocate shares. The absence of such a document serves as grounds for refusal to issue capital. Pension Fund employees must make sure that the funds are spent for a specific purpose - the purchase of housing.

The obligation to allocate shares is drawn up on the following terms:

• the spouse receives maternity capital, and at the same time is the owner of the home;
• mortgage registration;
• construction of a house - impossibility of registering property rights;
• membership in housing cooperatives or other types of cooperatives;
• receiving compensation for constructed housing.

Next, we move on to consider the procedure in more detail.

Step-by-step instructions (algorithm)

Parents can allocate shares to children in two ways: draw up a voluntary agreement or issue a deed of gift in favor of the child. Which method is better - parents decide together. Having chosen an option that suits both, the spouses can begin allocating a share to the children.

Procedure:

1. Draw up an application for registration of shared ownership rights.
2. Draw up a parental agreement or deed of gift for minors.
3. Pay the state fee at the bank or through a payment terminal.
4. Prepare a general package of documents.
5. Submit documents:

• to the MFC branch (since 2016 - the “My Documents” brand);
• to the Rosreestr division.

1. Wait until the documents are reviewed.
2. Receive an extract from the Unified State Register of Real Estate on the registration of shares in the apartment.

There are no particular difficulties - the modern order simplifies interaction with government agencies. It is advisable to submit documents through the “one window” service - the MFC at your place of residence.

Required documents

Having decided on the option of allocating a share to children, it’s time to start collecting documents, or rather copies of them:

• an application of the appropriate sample - drawn up with the participation of the registrar at the MFC; number of applications - according to the number of participants in the transaction (parents and children);
• an agreement on the shares in which the apartment is divided;
• deed of gift in the name of the children being gifted (alternative);
• passports of mother and father;
• marriage registration certificate - issued by the registry office;
• birth certificate of children - for all minor participants in the transaction;
• document of title – purchase and sale agreement, agreement on participation in shared construction, mortgage agreement;
• receipt for payment of state duty - strictly original (!).

The specified package of documents may not be enough. It is advisable to have copies and originals of other documents with you. The Registrar will advise which copies will be needed to process the application.

Deadline for allocating shares

The next pressing question is when is the deadline for allocating shares to minors? Much depends on the method chosen by the parents.

What could be the condition:

• full repayment of the mortgage loan;
• sending funds to the seller of the apartment - under the purchase and sale agreement;
• making the final payment – ​​in installments;
• affixing a signature to the acceptance certificate of the shared construction project;
• final commissioning of the house;
• preparation of an extract from the Unified State Register of Real Estate with cadastral data - independent construction of a building;
• transfer of the final share - with participation in a housing cooperative or other cooperative.

Thus, the occurrence of one of the specified conditions is the start date of the 6-month period for fulfilling the obligation.

Agreement on the allocation of shares in maternity capital

The best option is to draw up an agreement on allocating shares to all members of a large family. Spouses can indicate who will receive a share, in what amount, after the occurrence of what events, etc.

The agreement is strictly in writing. After drawing up the document, you will need to visit a notary and certify the agreement with his seal. Only in this case can the contract be considered valid.

Some people think that a notary only charges money for a regular seal. However, this is not the case! The specialist will offer a sample agreement, advise on what points to include in the document, and how best to distribute the shares. In addition, the notary checks the agreement for errors, so the spouses do not have to worry about it being challenged by third parties.

Sample agreement

Below you can see a sample agreement on the allocation of shares in maternity capital.

Let's look at the clauses of the contract that need to be displayed:

• date and place (city) of the transaction between the spouses;
• Full names, addresses, passport details of both parents;
• Full name of minor children, birth certificate data – for children under 14 years of age; information from the Russian Federation passport – for children aged 14 years and older;
• location of the property, characteristics;
• indicate the type of ownership – joint (spouses) or shared (for the whole family);
• information about the title document - just indicate the document number and its name (for example, purchase and sale agreement, mortgage loan agreement);
• the size of the shares of the mother, father and minor children;
• conditions for distribution of shares;
• indicate whether to take into account subsequent redistribution of shares (for example, in the case of the birth of new children);
• spouses' signatures;
• signature and seal of the notary.

 

How much does it cost for a notary to allocate shares to children based on maternity capital?

Domestic notaries provide services at a fixed price list. The amount of the state duty for certifying the agreement is noted in paragraphs. 5 p. 1 art. 333.24 of the Tax Code of the Russian Federation.

We note that allocating a share to children in maternity capital from a notary will cost 0.5% of the agreement amount: the minimum amount is 300 rubles, the maximum is 20 thousand rubles . At the same time, notaries perform technical work. Consequently, the total amount will increase, but within the price list of a particular notary office.

How to determine the amount of the agreement on the allocation of shares? The basis is the value of the property.

Spouses have the right to choose what it will be:

• inventory - according to BTI data;
• market - at current prices on the real estate market;
• cadastral is the best option.

We draw your attention to another type of state duty - certification of an agreement on the allocation of shares using maternity capital. Spouses pay 500 rubles (letter from the Ministry of Finance dated October 11, 2016). The fee is not divided between two people, so it can be paid to one of the parents.

What happens if you don’t allocate shares to children based on maternity capital?

It happens that the use of government subsidies when purchasing housing does not take into account the interests of children. The question arises: how to identify such violations and what penalties may be imposed?

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Inspections are entrusted to several bodies at once:

• local Pension Fund of the Russian Federation;
• guardianship authorities in the region;
• city ​​or district prosecutor.

Identification of violations, although it occurs, is extremely rare. Usually, parents take into account the interests of their children, but there are situations when responsibility for inappropriate behavior cannot be avoided.

Consequences, responsibility

The Basic Law on the Use of Maternity Capital - No. 256-FZ - does not provide any explanations regarding the consequences of not allocating a child’s share. But this does not mean that violators are not in danger.

Upon learning of a violation, the interested party has the right to file a claim to declare the transaction voidable and invalid. If this is proven, the parents will have to return the apartment to the original owner. The issued maternity capital is returned back to the state - on the basis of inappropriate spending.

Moreover, waste of public money to help a family can be qualified under Article 159 of the Criminal Code of the Russian Federation “Fraud.”

What threatens not to be allocated:

• minimum punishment – ​​a fine of 120 thousand rubles;
• The maximum penalty is imprisonment for up to 2 years.

Responsibility also comes for cashing out maternity capital funds for non-purposeful needs. Thus, by acting not for the good of the family, but for selfish purposes, spouses can expose themselves to serious consequences. That is why the use of maternity capital is under the control of the Pension Fund, guardianship authorities and notaries.

Arbitrage practice

Controversial issues arise in the event that children are deprived of shares in a purchased apartment using a state subsidy.

Court practice knows two types of disputes:

1. Divorce and division of property - former spouses are forced to ask the court to divide the amount of maternity capital into equal parts.
2. Division of the mortgage - the sale of living space is prohibited, therefore the allocation of shares occurs with rare exceptions (see “Allocation of shares to children in a mortgaged apartment”).
3. Sale of an apartment - not only the children themselves can be victims, but also buyers who did not take into account that there are minors in the apartment.

Transactions are often declared voidable and invalid. The burden of proof rests on the person who learns of a violation of his legal rights.

Example 1:

The couple received maternity capital for the birth of their second child. After the transfer, the funds were immediately used to purchase a 3-room apartment in Moscow. However, the husband and wife did not take into account the interests of the children and drew up an agreement to allocate shares only to themselves.

Having reached adulthood, the children learned that their parents had deprived them of property rights. Adults filed a lawsuit demanding that they be given a share or compensated for the cost of part of the housing. The court granted the claim, since the plaintiffs took into account the 3-year period for challenging the transaction (Art.

181 of the Civil Code of the Russian Federation), and also have the full right to allocate shares when purchasing an apartment using maternity capital.

Example 2:

The Chistov couple had a second child and received maternity capital to purchase a separate home. The young parents had far-reaching plans - to move from the provinces to the capital region. Therefore, they did not want to allocate shares in the purchased apartment to the children. Hence the reluctance to deal with the guardianship authorities.

A random prosecutor's inspection revealed a violation. The parents assured that they would allocate the children's share as soon as they moved to the capital and sold the housing purchased with maternal capital funds. However, the prosecutor and the guardianship authorities were not satisfied with this - they saw a violation of the law.

The case was taken to court, the parents were obliged to formalize shares for their children and register the new property right with Rosreestr.

• More details on VIDEO:

Source: http://law-divorce.ru/vydelenie-doli-detyam-pri-ispolzovanii-materinskogo-kapitala/

How to allocate shares to children based on maternity capital?

In housing that was purchased or built using maternity capital funds, it is necessary to allocate shares to all family members .

Property is distributed by agreement between spouses, that is, children’s shares may be less than those of their parents.

Sometimes it is impossible to formalize ownership rights immediately after disposing of the capital; in such cases, the Pension Fund requires a notarial undertaking to allocate shares.

You can allocate shares to your spouse and children in one of the following ways:

• According to the agreement on the allocation of shares.
• According to the gift agreement.

Real estate purchased with maternal (family) capital (MSC), in which shares are not allocated to all family members, cannot be sold or exchanged . Such actions will be considered aimed at unjust enrichment, and damages will be recovered from the citizen for the harm caused to the state.

Distribution of property when using maternal capital

Federal Law No. 256-FZ of December 29, 2006 on supporting families with children does not contain any instructions on how shares in housing paid for with maternity capital should be distributed. Thus, the share of each of the parents and children is determined by the spouses independently, by agreement .

Since the size of the minimum or maximum share is not established, the property of the parents may exceed the property of the children.

In the future, it will be much easier to exchange such real estate, especially if a mortgage agreement is drawn up.

If children have large shares, this is more difficult to do; banks prefer to avoid transactions in which the collateral is housing with minor owners.

By agreement, “ideal” shares are transferred, that is, those not allocated in kind. These shares are not tied to a specific room in the home and are “abstract” (1/2, 1/4, 1/5, etc.).

The following factors should be considered when allocating:

• It is more appropriate for a child to allocate ideal shares in the size of at least one accounting norm (when converted to square meters) in force in a particular region. The average norm size in Russia is 9-12 m2 .
• Although such a requirement is not stated at the legislative level, shares should be allocated based on the ratio of the amount of capital funds spent to the cost of the purchased housing. For example, if the property was purchased (built) only with the funds of the MSK certificate, and a family of 4 people will live in it, then the size of the ideal share should be 1/4 of the area. In housing worth 1.5 million rubles (that is, the capital covers a third of the cost), the minimum share for each member of the same family will be 1/12. Without complying with this requirement, notaries may refuse to formalize an agreement on the allocation of shares.

Obligation to allocate shares

The conclusion of an obligation to allocate shares in housing purchased or built with MSC money to all family members is provided for by Decree of the Government of the Russian Federation No. 862 of December 12, 2007 on the rules for allocating maternal capital to improve housing conditions.

The pension fund requires the provision of an obligation when:

1. The property is not registered as a common shared property of parents and children, namely:
   • The owner is the parents or only one of them (the right is not issued to children).
   • The property belongs to the recipient of the certificate, but is pledged (mortgage) to a credit institution.
2. Ownership of housing cannot be registered at the time of filing an application for disposal with the Pension Fund.
   • A purchase and sale agreement with installment payment has been concluded and ownership will be registered only after full repayment of the debt.
   • The price of the agreement for participation in shared construction is paid - the right is registered after the object is put into operation.
   • Participation in a housing cooperative - ownership is registered after payment of all fees.
   • Construction or reconstruction of a house - state registration takes place after the individual housing construction project (IHC) is put into operation.

The obligation is drawn up at a notary's office . When drawing up the document, all the circumstances of the purchase of housing are taken into account and the condition is indicated under which the period (6 months) for the allocation of shares to all family members will begin to count.

The cost of issuing a commitment may vary in different regions. On average, the amount of the service ranges from 500 to 1500 rubles .

Allocation of shares to children after repayment of the mortgage with maternal capital

Maternity capital funds can be used to purchase housing under a mortgage agreement. Certificate money can be used both to pay the down payment and to repay the principal or interest . It does not matter when the loan was received - before the birth of the second or subsequent child or after.

After repaying the mortgage with maternity capital, shares for each family member must be allocated within 6 months after the encumbrance on the housing is removed.

When the mortgage debt is fully paid, it is necessary to obtain a certificate of absence of debt and contact Rosreestr to remove the encumbrance and register ownership (the applicant will be issued an extract from the Unified State Register of Real Estate). Then you need to allocate shares to the children in one of the following ways:

• under an agreement to determine shares;
• by concluding a donation agreement.

If no agreement has been reached between the parents or one of them avoids signing the agreement, then the shares will be allocated through the court. In practice, it has developed that the court, guided by the norms of civil law, allocates equal shares .

Purchasing an apartment under an equity participation agreement (DPA) or through housing cooperatives (LCs)

When sending MSC to purchase an apartment under the DDU or when joining a residential complex, the certificate funds can be spent as follows:

• to pay the price of the agreement for participation in shared construction;
• to pay the entrance and (or) share contribution to a housing cooperative.

Along with the application for disposal, an obligation to allocate shares . At the time of transfer of maternity capital funds, the property will not yet be put into operation, which means that shared ownership of it cannot yet be registered.

An agreement on participation in shared construction is usually concluded with one of the spouses. After putting the property into operation, the housing is first registered as the property of one of them, and shared ownership is registered only after that. Therefore, the obligation includes a condition upon the occurrence of which the owner undertakes to allocate shares to the spouse and children.

When building or renovating a house

When directing maternal capital for the construction or reconstruction of a house, an obligation to allocate shares . This is due to the fact that common property cannot be registered for housing at the time of filing an application for disposal, since:

• the individual housing construction project (IHC) has not yet been built (completed);
• in the case of reconstruction, the individual housing construction project upon completion of the work will have different technical characteristics. Ownership is registered for an already completed object.

The obligation to allocate shares must be fulfilled 6 months after the completion of construction and commissioning of the house. Just as in the case of paying off a mortgage, shares in a built house can be allocated by concluding an agreement or deed of gift.

It should be noted that shares will need to be allocated not only in the premises itself, but also in the land plot. There are no such instructions in the federal law on maternity capital, however, in Art.

35 of the Land Code states that the alienation of a building must occur together with the land plot .

Since a construction permit is issued only to one of the spouses, the ownership will initially be registered in his name, and further allocation of shares will be considered an alienation transaction.

Read also: Fine for lack of registration: in the passport; The child has

Share distribution agreement

It is preferable to allocate shares in housing purchased with maternity capital funds under an agreement on the distribution of shares .

If in the future the family has more children who can also claim shares, the property can simply be redistributed. You can also execute a gift transaction , however, it cannot be canceled.

That is, parents will be able to allocate shares to their next children only from their property.

Law No. 256-FZ on maternity capital does not require notarization of the agreement on determining shares. However, according to Art. 42 of Federal Law No. 218-FZ of July 13, 2015

“On state registration of real estate...” all transactions involving the registration of common ownership of real estate are subject to notarization (with the exception of transactions with the property of a mutual investment fund).

In the case of maternal capital, this is true if the owner is one of the parents or the housing is registered as their joint property. Then the selection occurs according to the following scheme:

1. First, shares are allocated to spouses . This can be done by agreement on the division of property acquired jointly during marriage (according to Article 38 of the RF IC), which is also subject to registration with a notary, or by concluding an agreement on the distribution of shares with the appropriate provision (i.e. shares will be allocated to all family members at once ).
2. Then, from the common property of the spouses, shares are allocated to the children .

However, if the housing purchased or built with funds from the MSK certificate is individually owned (for example, if the mother is the only owner and she does not have a spouse), then the agreement on the allocation of shares to children does not require notarization.

To formalize the agreement, the notary must provide the following documents:

• Passport.
• Title documents for housing (purchase and sale agreement, participation in shared construction, etc.).
• A document confirming state registration of ownership of real estate.
• Marriage certificate.
• Birth certificates for all children.
• A copy of the notarial obligation to allocate shares to children and spouse.

How much does it cost to allocate shares to children based on maternity capital from a notary?

The amount of the state fee for notary services for certifying an agreement on the allocation of shares is regulated by Art. 333.24 of the Tax Code of the Russian Federation. According to clause

5, the tariff for certification of contracts, the subject of which is subject to assessment, is 0.5% of the contract amount (the cost of housing). This value cannot be lower than 300 rubles and more than 20,000 rubles .

It is also necessary to pay for legal technical services (notaries set their own prices).

When calculating the state duty, the contract amount indicated by the parties is accepted. However, it cannot be lower than one of the following costs (the payer chooses independently):

• inventory;
• market;
• cadastral

If several documents indicating the value of the property were provided, the smaller one is selected to calculate the fee.

It is also worth taking into account the provisions from the letter of the Ministry of Finance dated October 11, 2016 No. 03-05-06-03/59079 on the amount of state duty when registering real estate purchased with maternity capital funds as common shared ownership.

It states that a fee of 500 rubles - the same as for transactions the subject of which is not subject to assessment (clause 5 of Article 22.

1) the fundamentals of the legislation of the Russian Federation on notaries.

However, in practice, notaries offer to certify the agreement as a transaction with an assessment , without taking into account the Letter of the Ministry of Finance.

Agreement on the allocation of shares in maternity capital: sample 2019

There are two types of agreement on the allocation of shares in maternity capital:

1. With the initial registration of real estate into the common ownership of the recipient of the certificate and his spouse (without the need to draw up an agreement on the division of common property acquired during marriage).
2. With the transfer of housing into common ownership without the allocation of shares (without the initial allocation of shares to spouses).

The agreement must indicate the following information:

• Date and place of the transaction.
• Full names of the parties to the agreement, their passport details and registration addresses.
• Children's full names, dates of birth, series and number of birth certificates. If you have a passport - passport details.
• Description of the property and its address.
• Type of ownership (joint or shared), as well as the size of shares of the current owners.
• The name of the title document and its number.
• The size of the shares of all family members, the conditions for their distribution.
• Conditions for possible redistribution of property in the future.
• Signatures of the participants.

1. Sample agreement on determining the size of shares during the initial registration of real estate into common shared ownership of the certificate holder and spouse
2. Sample agreement on determining shares when registering housing as joint property

Registration of property rights for spouses and children

After an agreement on the distribution of shares is concluded, it is necessary to register the property rights of the spouse and children in Rosreestr. There is no need to register the agreement itself; only the transfer of ownership from parents to children is subject to state registration.

The procedure takes place in the following order:

1. Certification of the agreement by a notary .
2. Payment for registration of an individual's rights to real estate (according to clause 22 of Article 333.33 of the Tax Code of the Russian Federation, the amount of state duty will be 2000 rubles ).
3. Submission of documents to Rosreestr. Registration will take no more than 5 working days .

Information about ownership will be entered into the Unified State Register of Real Estate - EGRN .

To register property rights, it is not necessary to contact the Rosreestr office directly. Documents can be submitted to a branch of the Multifunctional Center , sent by mail, or done remotely through the public services or the Rosreestr website .

Donation agreement

A donation of a share is a gratuitous transfer of part of the ownership of real estate to another person.

Previously, the priority way to allocate a share was to conclude a gift agreement, since the provisions on such transactions are clearly regulated in the Civil Code of the Russian Federation.

In 2019, more and more families are entering into an agreement on the distribution of shares, as it allows them to redistribute property in the future.

The donation can be formalized as follows:

• By concluding two separate agreements , in this case, shares will be allocated to the children from the property of each of the parents.
• One deed of gift:
  • If the mother is not married, in this case a document is drawn up indicating the donees (children) and the size of the share for each of them.
  • When concluding a marriage contract with a spouse, under the terms of which the purchased housing becomes the property of the woman, under one contract the property will be allocated to both the children and the husband (according to the law on maternity capital, the spouse still has the right to a share, and this part of the property must be allocated to him ).

Since 2016, only a notary .

Source: https://materinskij-kapital.ru/use/uluchshenie-zhilishchnyh-uslovij/vydelenie-doli/

Allocation of shares to children when using maternity capital

With the help of the federal maternity capital (MC) program, families with children have the right to improve their living conditions by purchasing housing, building a new residential building, or reconstructing an existing one. Giving children shares in real estate after completion of the purchase, construction or reconstruction is a prerequisite for attracting budget funds.

How to determine the size of shares

In practice, the division of acquired real estate is carried out equally among all family members. With this approach, parents give part of the property to their children. Since the rights of children are not violated, this section does not raise objections from the Pension Fund.

The minimum size of the child's share is calculated based on the following. The costs of purchasing housing can be covered from three sources:

1. personal savings;
2. mortgage funds;
3. maternal capital.

The Family Code of the Russian Federation establishes a rule according to which children do not have rights to the property of their parents during their lifetime. Borrowed funds are issued in the form of a mortgage loan.

Children do not participate in its execution and do not bear any obligations under it due to limited legal capacity. The only source that children have access to is maternal capital.

According to the law, MK funds belong equally to family members.

If a family consists of four people, then the MK amount valid in 2020 (466,617 rubles) is divided among everyone ( 466,617 / 4 = 116,654 rubles).

For example, a family purchased an apartment worth 3,000,000 rubles. One child owns one-fourth of the apartment price, that is, his share in the total cost of the apartment will be:

116 654 / 3 000 000=0,038. Or a little more 1/26.

Determining the value of children's shares becomes important in the following situations::

• sale of real estate acquired using MK before children reach adulthood;
• divorce of parents and division of property;
• children's demands for division of property upon reaching adulthood. The smaller the child’s share, the smaller the amount of monetary compensation that must be paid or put into a deposit when selling the common property.

Obligation to allocate shares

Paying off a mortgage or construction can take years. A time gap arises between receiving maternity capital money and the opportunity to report on its use. In such cases , the certificate holder distributes the shares to the children within 6 months after the occurrence of the events listed above and completion of registration.

For such situations, an obligation was invented to allocate shares to children , on the basis of which the Pension Fund pays money. Parents draw up such an obligation and provide it for the payment of maternity capital, in cases where it is not possible to provide the Pension Fund with a document on ownership with information about the size of the children’s shares.

Typically these are cases of property acquisition:

• involving a mortgage;
• under an equity participation agreement (ES);
• by joining a housing cooperative;
• construction or reconstruction of the facility. The peculiarity of these situations is that the need for maternity capital arises earlier than the opportunity to register the right .

Registration of rights can be carried out:

• after full repayment of the mortgage and termination of the pledge;
• under a property management agreement after full payment of contributions and acceptance of the house for operation;
• in a housing cooperative after full payment of membership fees;
• during construction or reconstruction after the facility has been put into operation.

How to compose

The obligation must be “witnessed in the prescribed manner,” as specified in Decree of the Government of the Russian Federation No. 862 of December 12, 2007. The established procedure is certification by a notary. Nowhere is it stated that only a notary must draw it up .

 You can draw up such an obligation yourself using a sample. It is important to sign it in the presence of a notary and ask for a certification inscription. This method of registering an obligation will be much cheaper.

This way, the notary will have grounds to demand only a fee at the rate for certification.

When a notary prepares a document, in addition to the tariff, he will require a fee for the provision of legal and technical services and a fee for the stamp form.

Unfortunately, the notary will most likely refuse to certify the completed obligation, citing non-compliance with the requirements of the law.

The real reason will be the desire to receive additional income for the imposed services.

But if the client is persistent in his desire not to overpay for unnecessary services, he can file a complaint against the notary’s actions with the registration service at the Office or the Ministry of Justice of the region, or with the court.

Such an obligation is signed by the parent who is:

• a borrower under a mortgage agreement;
• participant of the DDU;
• member of a housing cooperative;
• the owner of the land plot on which the house is being built;
• owner of the house being reconstructed.

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If spouses are co-borrowers under a mortgage loan agreement, and marital shares have already been allocated in the distributed real estate, then both of them sign the obligation. There is no approved form or mandatory requirements for drawing up an obligation. It can be printed in any shape on a plain sheet of paper.

To correctly draw up an obligation, it must indicate:

• surnames, first names and patronymics of persons and detailed information about the compilers: date and place of birth;
• residence address;
• passport details;
• one of the additional identification details: TIN, insurance number, details of a driver’s, pension or other special ID; the same information for children in whose favor the shares are allocated. For those under 14 years of age – birth certificate data;
• detailed information about the real estate in which shares are allocated: name of the property: apartment, room, house, share in a newly built property;
• location address (postal or construction);
• cadastral or inventory number;
• characteristics of the building: wall material, number of storeys; title documents and their details;
• equity participation agreement: date, number, parties;
• a document from the housing cooperative confirming membership indicating the date of admission;
• details of the document for the land plot indicating the name, date of issue or conclusion, number, issuing authority, as well as characteristics of the plot itself: location, area, cadastral number, permitted type of use;
• characteristics of the house being reconstructed: location, year of construction, material of load-bearing walls, number of storeys and details of the title documents for it (contract number, conclusion date, number and date of the certificate of ownership).

Read also: Who has the right to maternity capital

The execution period is the expiration of 6 months from the date of one of the following events : full repayment of mortgage obligations, signing an acceptance certificate under an equity participation agreement or when accepting residential premises from a housing cooperative, signing an act of acceptance of a completed construction or reconstruction of a housing construction project, the size of children's shares.

Also, the agreement must contain the phrase that “... the owner (owners) of the property undertake to allocate shares in it in the amount... in favor of each of the children (last names, first names and patronymics).”

Is it always necessary to create a commitment?

No not always. There is no need for an obligation if, by the time of applying for maternity capital, the purchase and sale agreement has already been registered indicating the children’s shares and their size. This situation occurs in two cases:

• real estate is purchased using own funds and maternity capital. The purchase and sale agreement is registered with the condition of deferred payment (in terms of maternity capital) and with the allocation of children's shares;
• the purchase is carried out at the expense of own funds and credit. The seller receives full payment. The purchase and sale agreement is registered with the allocation of children's shares;
• maternity capital is used to repay the loan. If children's rights are not registered. The pension fund will require a commitment, and without it will refuse to allocate maternity capital funds.

How to distribute shares when buying a home using maternity capital

There are no hard and fast rules, with the exception of allocating minimum shares to children. How to calculate the value of such a share is described at the beginning. Maternity capital funds belong to all family members equally. But the parents are adults, fully legal and capable.

They have the right to divide the shares of maternity capital among themselves at their own request. The easiest way is to distribute the property into equal shares between all parties to the transaction.

If the spouses’ contributions to the purchased housing are not equal, then it is reasonable and fair to divide the shares in proportion to the contribution of each of them.

If spouses plan to sell residential premises or make another transaction, then it is advisable not to allocate shares. Transactions with real estate that have one owner are easier to complete than with several owners. The question of distribution of shares during a purchase, as a rule, has no practical significance. It arises when spouses divorce and it is necessary to divide jointly acquired property.

Agreement on the allocation of shares to children

You can select shares in two ways:

1. indicate the shares in the purchase and sale agreement;
2. draw up an agreement to transfer a share or donate it.

When a family has sufficient funds to purchase housing only using maternal capital, then allocating children's shares is not difficult.

Children are included in the purchase and sale agreement as buyers, and coming into their property is indicated The number of copies of the contract is compiled according to the number of buyers, so that each child has an original.

State registration of the agreement completes the procedure for allocating children's shares.

The original agreement and copies are provided to the Pension Fund, being both the basis for the payment of money and confirmation of the fulfillment by its owner of the obligation to allocate a share to children when using maternity capital.

An agreement on the allocation of shares, or agreements on the gift of shares to children, are considered an independent subject of state registration and are drawn up one per family. A gift agreement will have to be drawn up for each child.

Each of the documents can be drawn up independently, ordered by the realtor who accompanied the transaction, a lawyer or a notary.

Notarization of these papers is not required by law , with one exception - by the time the agreement on the allocation of children's shares is submitted for registration, the spouses have already managed to register the right of shared ownership. Agreements on the allocation of shares to children will change the size of the marital shares.

Transactions with shares in joint ownership are certified by a notary. On July 31, 2019, Federal Law No. 76-FZ of May 1, 2019 comes into force, providing for the abolition of mandatory notarization of certain transactions with shares in common property. But this applies primarily to alienation and mortgages.

Download the agreement form on the allocation of shares to children

Allocation of shares after repayment of the mortgage

The bank secures the mortgage with the property being purchased as collateral. A special entry about this is made in the Unified State Register of Real Estate (USRN) when registering the purchase and sale agreement.

Before the allocation of shares, the residential premises are freed from collateral encumbrance. This can be done at any time after full repayment of loan obligations. The encumbrance is not “automatically” removed. You need to perform certain actions. First, contact the bank.

Depending on the internal rules of the bank, it issues one of the following documents:

• loan repayment certificate;
• a mortgage note with notes indicating that payments have been made in full;
• statement from the bank of consent to terminate the pledge in connection with the repayment of the loan.

Read also: Application for maternity capital

The bank can independently send an application to Rosreestr to terminate the pledge. It is also possible for a joint visit to the MFC or Rosreestr of the debtor and a bank representative to submit such an application.

The bank representative must have a power of attorney with the appropriate powers and an identification document.

The debtor should make an appointment in advance and notify the bank employee about its time.

In addition, an agreement on the division of shares should be prepared. Allocation of children's shares is mandatory. Redistribution of marital shares is done at will. Spouses may leave the sole owner of the spouse for whom the original purchase and sale agreement was drawn up. This will not affect the property regime. Each spouse will have equal rights to the property.

If spousal shares are not distributed, then children's shares can be allocated under a gift agreement.

In addition, you will need:

• loan agreement;
• passports and birth certificates of the parties to the transaction;
• certificate of ownership of the purchased housing, or an extract from the Unified State Register of Real Estate with information about the mortgage with an issue date no later than 1 month by the time of the visit to Rosreestr.

When the documents are collected, all participants in the transaction visit Rosreestr or the multifunctional center (MFC) for state and municipal services “My Documents”, where a special application is filled out and the documents listed above are attached to it.

The presence of children under 14 years of age is not required. Parents sign for them. If the spouses decide not to allocate marital shares, then the presence of the second spouse is also not necessary.

Registration actions to exclude information about a pledge from the Unified State Register are performed free of charge. The fee for registering the distribution of shares is 2,000 rubles.

  Registration actions are completed within 5 days when submitting documents directly to Rosreestr, within 7 days when applying through the MFC. The removal of the encumbrance and the allocation of shares do not have to be registered simultaneously.

Between these events, parents have another 6 months, during which they can dispose of the residential premises without involving their children in the transaction.

What happens if you don’t allocate shares?

If children’s shares in real estate acquired with the participation of maternity capital are not allocated, the Pension Fund will send the relevant information to the prosecutor’s office, and it will initiate legal proceedings to recover maternity capital funds from forgetful recipients. The current legislation does not yet contain other measures of liability.

Is it necessary to allocate a share to my husband?

Not necessary, but sometimes advisable. In accordance with the Family Code, property acquired by spouses during marriage is subject to the STATUS of joint marital property.

If the apartment was purchased only with funds from maternity capital and a mortgage issued during marriage, then both obligations and property are divided in half between the spouses. During marriage, it is even more beneficial for spouses not to divide marital shares.

When making transactions with property that has one owner, fewer documents are drawn up for registration; in particular, notarization of the consent of share owners for a transaction with common property will not be required.

Division of property may be necessary in the event of a divorce. But even in this case, spouses or former spouses can amicably agree on the sale or exchange of housing with payment of compensation to one of the spouses. The absence of state registration of the right of one of the spouses does not deprive him of his rights to this property.

The situation is different if one of the spouses invested money in the purchase of common housing , which is not subject to the matrimonial property regime:

• premarital savings;
• property or proceeds from its sale received as a gift or inheritance during marriage.

For example, a husband received an inheritance after the death of relatives in the form of an apartment in another city. He sold this apartment and invested the money in the purchase of housing for the family, on which maternity capital was also spent.

In this case, the husband is interested in allocating shares at the stage of concluding an agreement, and he has the right to demand a share proportional to the size of his personal investments . Government Decree No. 862 dated December 12, 2007 talks about the allocation of shares to all family members, including the spouse.

But it regulates the use of maternity capital, and the capital is not divided among family members. It can only be divided between spending areas.

Shares are allocated in the property acquired with his participation, and not in the capital itself. The division of property is regulated by legislative acts: the Civil and Family Codes of the Russian Federation, which have greater legal force than government regulations. Therefore, it is more expedient for families and spouses to decide on the allocation of shares, focusing on the laws, as well as their own interests.

Source: https://gosuslugi365.ru/materinskij-kapital/vydelenie-doli-detyam-pri-ispolzovanii-materinskogo-kapitala.html