As you know, maternity capital is a certificate for receiving funds issued to women who have a second child. It is also issued to families that have adopted children. You can use the maternal certificate only in certain cases. This is buying a house, educating children, building a house, and so on. Below we will consider the process of buying a home with the attraction of funds under a certificate and the question of how to allocate a child’s share of maternity capital. This article is dedicated to this topic.
Is allocation of shares mandatory
Many who decide to acquire their own cozy nest and use a certificate of state support for families for this, the question arises of how to allocate a child’s share of maternal capital in the apartment and is it necessary.
In accordance with the law, parents are required to allocate parts to their children. It should be understood that the right to own real estate should be allocated to all children in the family. Also, a spouse can claim a share in the purchased housing.
It is important to remember that only family members can participate in the distribution. The law prohibits the allocation of shares to nephews, uncles, grandmothers, and so on. It is worthwhile to understand where to allocate shares to children by maternal capital. The child must have his share in the acquired dwelling at the expense of state funds of maternity capital.
Share Allocation Rules
Many people are wondering what proportion to allocate to children by maternal capital? To answer this question, it is worth considering some aspects of the distribution.
- Sanitary standards. In accordance with sanitary standards for housing, each person should have six (for a dormitory) or more square meters. It's minimum. Depending on the region of residence, these numbers can increase to 16, and sometimes up to 18 meters. Consequently, each family member must be allocated at least six meters (in the case of buying property in a hostel). Otherwise, guardianship authorities may have questions, and the notary will refuse to certify such allocation of shares.
- The number of people in the family. Acquired property must be divided in accordance with the number of members of the cell of society. One person is entitled to one share. Such a separation occurs only when housing is purchased only at the expense of the certificate. If we take into account that at present maternity capital is slightly more than 450 thousand rubles, and the average cost of housing is much higher than this figure, then acquiring property only at the expense of state support is quite problematic.
- Maternity capital is part of the cost of housing. In this situation, it is not necessary to allocate the same shares for everyone. Example: the value of the acquired property is three million rubles. Maternity capital in this case is 1/6 of the total cost. There are four people in the family. That is, each is entitled to 1/24 of the share of the cost of maternity capital. Parents should give their children 1/24 share. Part may be more, it depends on the decision of the parents themselves.
Many people are interested in how to allocate a child’s share of maternal capital and what is the minimum share? In accordance with the law, in 2019, one person living with his family is allocated 18 square meters, and 33 “squares” when he lives alone. Consequently, children need to set aside 18 or more square meters of property. Otherwise, you may encounter inspections by the authorities.
How to allocate a share to a child if the housing is already issued
Often, maternity capital is used to repay part of the debt for acquired housing, and the property is already registered with one of the spouses. What to do in this situation? After all, the FIU may refuse to receive maternity capital funds. Employees of the Pension Fund need to make sure that the funds are spent as intended.
In this case, the obligation to allocate parts of the property is drawn up by the person on whom the premises are registered. It should clearly spell out to whom and what proportion will be relied upon after removing the encumbrance from housing.
In what cases is an obligation made
The obligation to allocate shares of children in maternity capital is drawn up in the following situations:
- registration of a mortgage loan (the right to property cannot be registered until the loan is fully repaid);
- membership in housing cooperatives (the right of ownership is not formalized before the facility is put into operation);
- the inability to register ownership in the construction of housing.
Registration of ownership
How to allocate a child’s share of maternal capital and in what way, each person decides on the basis of his own life situation. There are two ways that will be described below. Parents can issue a donation or voluntary agreement.
To do this, carry out the following actions:
- pay state duty;
- write an application for registration of ownership of shares of ownership;
- make a gift or agreement of both parents;
- collect a package of necessary documents;
- transfer papers to the Rosreestr or the MFC branch;
- wait for the consideration of documents and receive an extract from the USRN on the registration of shares.
Documentation
How to allocate shares to children by maternal capital? Documents for this are necessary as follows:
- An agreement on which shares the housing is divided into.
- Relevant application drawn up in the presence of the registrar at the MFC (there should be as many applications as there are family members).
- Identity document of both parents.
- Certificate confirming that the parents are legally married.
- A document proving ownership of the property by the parents.
- Birth certificates of children.
- State duty payment receipt.
- Gift certificate for children (alternative).
These are the main documents. Allocating shares to children by maternity capital can be difficult. Some government bodies have the right to request additional documents and their copies. This is the difficulty in allocating shares to children by maternal capital.
How long to allocate shares
When allocating shares to children using maternity capital, the question arises of the timing. It is worth remembering that parents are obliged to carry out the process of sharing property no later than six months from the date of execution of the terms of the agreement.
These conditions may be as follows:
- full repayment of mortgage debt;
- putting the house into operation;
- for participants in housing cooperatives - transfer of the last share;
- upon purchase of housing by installments - payment of the last part of the debt;
- transfer of funds under a contract of sale;
- in case of independent construction of a house - issuing an extract from the USRN with all cadastral data;
- in case of shared construction - affixing a signature to the act of transfer and acceptance of a residential property.
It is after the onset of one of the above conditions that the countdown of six months begins, after which the shares must be allocated.
When to make an agreement
The agreement must be in writing. This document is certified by a notary. Otherwise, it can be challenged, and it will be considered invalid.
Drafting such agreements is the best option for families in which there are many children (large families). Parents can specify in the contract to whom and what share they are going to allocate.
An appeal to a notary will help not only to register the document, but also to avoid problems with numerous corrections in the agreement. Also, a professional will talk about the necessary points in the contract, give the right advice. If necessary, he will draw up the document himself.
Key points of agreement
The following is the basic information that the agreement should contain:
- Surname, name, patronymic of both parents, their passport details
- Last name, first name, patronymic of children, copies of birth certificates of a child under 14 years of age, for children after 14 years of age - data from the passports of parents.
- Place of transaction and date.
- Description, characteristics and location of the dwelling in which shares are allocated.
- Information on a document certifying the right to own a dwelling. For example, a mortgage agreement or a contract of sale.
- Describe information about the type of property.
- The conditions under which shares will be distributed.
- The size of the parts for each participant in the transaction.
- Information on the possibility of further redistribution of shares in the event of the birth of a new family member in the future.
- Signature and stamp of a notary.
- Signature of both spouses.
The cost of notarial services
Many people who are faced with buying a home are interested in the question of how to allocate shares to children on maternal capital and how much it costs.
It is worth noting that notaries provide their services only in accordance with the fixed price list provided by the Tax Code.
Allocation of shares to children when using maternity capital can cost 0.5% of the amount prescribed in the agreement (of the value of the transferred property). But not less than 300 rubles and not more than 20,000 rubles.
The amount of the agreement is determined in accordance with the value of the property. The price of real estate can be of three types:
- market;
- inventory;
- cadastral.
The cadastral value is the most optimal option, the market value is in accordance with the market prices for housing, the inventory value is in accordance with the data from the BTI.
Spouses completing the agreement have the right to provide the legal entity with several assessment documents and choose the paper with the lowest cost. The notary does not have the right to insist on choosing a more expensive option.
When registering shares for children, another type of state duty is provided in the amount of 500 rubles, which can be paid by one of the spouses. This is a state duty for notarization of an agreement.
When the FIU requires an agreement
A pension fund may require an agreement in the following cases:
- the dwelling is owned by the owner of the maternity certificate, but is in a mortgage or mortgage with a credit institution;
- there is no way to register the ownership right in connection with participation in cooperatives, building a house, concluding a contract of sale with an installment plan, participation in shared construction.
Allocation of shares after repayment of a mortgage loan
State certificate funds can be used to repay a mortgage. This money can be used in the form of initial debt, to pay the main debt or pay interest.
It is worth noting that due to these funds, you can pay not only the mortgage issued after the birth of the second child, but also the one that was taken earlier.
After the full repayment of the mortgage debt with the use of state funds, parents are obliged to allocate part of the premises to their children after removing the encumbrance from the housing for six months.
In order to remove the burden from housing after repayment of the loan, you need to take a document on the absence of debt in the bank and bring it to the Federal Registration Service. The right of ownership is also registered here. After the right of ownership of the property is successfully registered, it is the turn of the allocation of shares. As mentioned above, parts are allocated either through a gift agreement or through an agreement.
In the case when the parents cannot agree voluntarily or one of them refuses to fulfill their duties, the court allocates the shares. Basically, the court decides on the distribution of equal shares between family members.
Housing acquisition through housing cooperatives or through shared construction
When joining a housing cooperative or buying a house using shared construction, the Pension Fund must request an agreement on the allocation of part of the premises. Since at the time of transfer of state funds housing has not yet been put into operation, and therefore, the shares can not be allocated.
In this situation, an agreement may be drawn up by one of the parents. The fact is that when entering into shared construction, the contract is concluded with one of the spouses. After the start of operation, the property is issued to one of the parents, and only after that the allocation of shares takes place.
Allocation of shares in the construction of the house (reconstruction)
The state provided for the use of state support for families in the construction or reconstruction of residential premises. In this situation, the Pension Fund necessarily requires a document on the allocation of shares. The fact is that during the construction of a residential property, the right to own real estate is registered only after the completion of construction work. And during the reconstruction of the house, the ownership right needs to be formalized again, since the residential object already has other characteristics.
It is worth noting that the allocation of part of the premises should be executed no later than six months after completion of construction or reconstruction.
Another important point is that in this case, the shares will have to be allocated not only in the living room, but also on the land.
Agreement Nuances
As noted above, the allocation of shares can be made in two ways - a gift agreement and an agreement certified by a notary.
Allocation of shares by agreement is preferable to a gift agreement. The fact is that if in the future there will be more children in the family, then the parts can be redistributed. In the case of a gift agreement, shares cannot be redistributed, since the gift is not canceled. Parents will be able to allocate part of the property to future children only from their property.
In accordance with the law on maternity capital, the certification of an agreement on the allocation of shares by a notary is optional. But the Law "On State Registration of Real Estate" states that all transactions with it must be notarized.
It should be understood that basically the shares are first allocated to parents, and then to children.
If the family is incomplete and the children have only one legal representative, then the agreement on the allocation of a part of the property does not need to be certified by a notary.
Property Registration Procedure
Property registration for children is the transfer of property from parents to children. The procedure occurs after registration of the agreement. It is worth noting that the agreement itself in Rosreestr is not necessary to fix.
There is the following registration procedure:
- payment of state duty on the right to own real estate by an individual;
- transfer of necessary documents to Rosreestr.
After the transfer of all documents, registration will not take more than five business days. Employees Rosreestra enter information on the right of ownership in a single database of real estate.
Currently, there is the possibility of registering property rights through multifunctional centers or through the Internet portal of public services.
Allocation of shares by donation
More recently, the allocation of shares using donation was the most popular way. And only in recent years they began to choose another option - drawing up an agreement, since this method makes it possible to redistribute shares in the future.
What does the allocation of parts due to the gift mean? Share donation - gratuitous transfer of a part of real estate from parents to children. A deed of gift cannot be revoked.
A deed of part of the housing can be arranged as follows:
- By allocating shares to children from the ownership of each of the parents. In this case, two gift contracts are made.
- By drawing up one gift contract, under which the shares in the apartment are allocated to children and the spouse, in the case when a marriage contract has been drawn up between the husband and wife, in accordance with which the property becomes the property of one of the parents. Allocation of a share for the father of the family is mandatory, as this is required by law.
- By drawing up one donation agreement with the allocation of shares to children in a situation where the mother is the only legal representative of her children.
It is worth noting that starting in 2016, only a notary can deal with the preparation of a gift contract.
Responsibility for refusal to allocate property to children
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