This year the amount of maternity capital has been increased. At the birth of their first child, the state transfers 466 thousand rubles to young parents. And if a second baby was born in 2020, then the amount of maternity capital increases to 616 thousand rubles. This is a lot of money, so the question of what to spend maternity capital on should be considered carefully. Lawyer and family dispute mediator Yuri Kapshtyk .
Where to use maternity capital
It is a mistake to perceive these funds as an allowance that can be spent at your own discretion. The state views the program as a way to improve the living conditions of young families, as well as offset education costs. Therefore, money can only be spent on a limited range of tasks, but it’s up to the parents to decide what exactly.
Buying an apartment, a house. Most families use the funds to purchase spacious housing. When children are born, additional square meters are needed, and the state payment allows you to purchase a larger apartment or house without spending your own money on it. You can buy a home after the child’s third birthday, at whose birth a certificate was received. This rule does not apply to housing purchased on credit: you can pay off the mortgage or make a down payment on it even before the child is three years old, immediately after issuing the certificate.
Starting this year, maternity capital issued at the birth of a third child can only be used to pay off the mortgage.
For construction. The state allows targeted payments to be directed to the construction of a house, repair and reconstruction of existing housing. And even introduced relaxations in this area. If earlier construction was allowed only on plots for individual housing construction, now it is possible to build for budget money on garden plots. The main thing is that the land is owned and permission for work has been obtained. Construction and reconstruction of a house should be planned after the child’s third birthday. The money will not be given immediately: half of the amount will be given after submitting an application for payment, and the other half will be given six months later.
To pay for training. If a child attends a paid kindergarten, then up to the age of three, you can pay for the institution’s services using maternity capital. After this, the amount can continue to be spent on education, not only for the baby at whose birth the certificate was received, but also for other children. For example, pay for kindergarten for a younger child and university education for an older one.
For a subsidy. In 2020, maternity capital became a serious help to low-income families, who were able to receive a monthly amount in the amount of the subsistence minimum to support a child. All families whose income per person does not exceed two minimum wages in Russia (today - 12,130 rubles) can apply for the payment.
The law also allows the use of funds from the mother’s funded pension for the education and adaptation of disabled children.
Maternity capital for buying an apartment for a child
Advice from lawyers:
1. Is it possible to spend maternity capital to buy an apartment for the first child?
1.1. Mat. You can spend capital only after the birth of your second child.
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2. Is it possible to get maternity capital to buy an apartment if the child is only 2 years old?
2.1. A mortgage is possible in accordance with Article 10 of the Federal Law of December 29, 2006 N 256-FZ “On additional measures of state support for families with children” money from maternal (family) capital can be used to improve housing conditions, but it is better not to get involved with loans .
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3. When buying an apartment with maternity capital, can I register it only for the children?
3.1. Residential premises acquired using funds (part of the funds) of maternal (family) capital are registered as the common property of parents, children (including the first, second, third child and subsequent children) and other family members living together with them, determining the size of shares by agreement.
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4. I live in France with children, I am registered in Russia and have a certificate - maternity capital. I want to send my brother a power of attorney to purchase an apartment based on this swear word. capital. Here in France (and throughout Europe) you can make a power of attorney not only at the embassy, but with a notary, then make a translation of the power of attorney in court, put a stamp and send a registered letter to Russia. Tell me, will a power of attorney in Russia be valid not through the embassy, but through a notary and the court (French)?
4.1. Yes it will, if there is a certified translation.
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5. I and 2 children are the owners of an apartment of 48.9 sq. m. m with a 1/3 share, cadastral value of 1 million 230 thousand rubles, I want to sell this apartment and buy a house of 51 sq.m. cadastral value of which is 1 million 240 thousand rubles and a land plot of 12 hundred with a cadastral value of 230 thousand. For the purchase of a house Is it possible to use maternity capital as an additional payment? And if so, how will children be allocated shares?
5.1. You can use maternity capital as an additional payment on the basis of Article 10 of the Federal Law on Capital No. 256-FZ. The most important thing for you in this situation is to obtain permission from the guardianship authority to sell the apartment. As for shares, children in the new housing should be allocated shares no less. What they had in their apartment.
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6. My wife (at the time of registration of maternity capital for the purchase of an apartment from my grandmother, we were not divorced) November 2020, I was under investigation at that time, and then in prison for 4 years, in June 2020 she was with me divorced, as of today the shares in the apartment are allocated to 2 children, 1/2 each, she did not allocate either her share or mine, is this legal? can I demand the allocation of a share, at the moment we are already divorced, but then we were married.
6.1. Hello) My wife’s actions are illegal, go to court with a demand for the allocation of a share.
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7. Orphan husband is on the waiting list for an apartment, the marriage is registered, we have two children, is it possible to buy a house using maternity capital? If he renounces his share of the purchase of housing in favor of the children, should he also remain on the waiting list?
7.1. If he renounces his share of the purchase of a home in favor of his children, should he also remain on the waiting list? No.
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8. In March 2020, we sold an apartment purchased with maternity capital funds. The money was deposited into the children's bank accounts. Then we purchased a larger apartment. In April 2020, I applied for three to seven years of benefits. It is still under consideration. I think that a refusal will come because the income from the sale of the apartment will be included. If I receive a refusal, can I submit another application in December of this year so that the month of purchase of the apartment is not taken into account for the calculation. Thank you in advance.
8.1. Good afternoon Yes you apply in December. You can even submit your application as early as October or November; March will not be included in your calculations.
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9. Tell me, can I spend maternity capital funds to buy an apartment without a mortgage if the child is under 3 years old?
9.1. Good afternoon No, only using a loan or mortgage. Article 7. Disposal of maternal (family) capital 6. An application for disposal may be submitted at any time after three years from the date of birth (adoption) of the child, in connection with whose birth (adoption) the right to additional capital arose. Additional measures of state support, except for the cases provided for in part 6.1 of this article. 6.1. An application for disposal can be submitted at any time from the date of birth (adoption) of the child, in connection with whose birth (adoption) the right to additional rights arose. Additional measures of state support, if it is necessary to use funds (part of the funds) of maternal (family) capital to pay the down payment and (or) repay the principal debt and pay interest on loans or borrowings for the purchase (construction) of residential premises, including mortgage loans provided citizens under a credit agreement (loan agreement) concluded with an organization, including a credit organization (Federal Law “On additional measures of state support for families with children”).
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10. We live in a civil marriage. And we want to take out a mortgage to buy an apartment. Who will be responsible for the registration of the apartment if I pay for the mortgage and maternity capital? My children are 22 and 13
10.1. You need to discuss this issue with Mr. husband right away, on the shore.
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10.2. Two people can take it, but only you can take mat capital, provided that you are the borrower and then allocate a share to whom the certificate is obligatory.
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10.3. What does it mean to whom? Register it for whoever you want. Naturally, if you pay, then you need to register it for yourself. This person will be the owner, and the other cohabitant will not be in the apartment and will have no rights to it.
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11. I have two minor children. We have a one-room apartment in common ownership. I want to take out a mortgage using maternal capital and buy a larger home, because the children are of different sexes and they are not growing by the clock. After buying another home, can I sell our one-room apartment to pay off part of the mortgage? And will the guardianship authorities give permission for this?
11.1. You can sell, ask the guardianship authority for permission to sell. The law does not define the specific circumstances of giving or refusing consent, and therefore this can only be found out by contacting the guardianship.
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12. My wife has a child from her first marriage, who was not adopted by me. She has two children. She wants to use maternal capital to buy an apartment. This is 400 tr. My wife and I give the remaining 3 million. But relations with my son-in-law are strained. How to buy an apartment without it. Or, so that he does not have any requirements for a share in this apartment. Since they are married, but do not live together. I would like to register for my grandchildren and grandmother or for my grandchildren and me. Officially, I am nobody to this family.
12.1. It's simple. Conduct everything with the bank, formalizing the gift agreement in writing, indicating the purpose of the donation. During the division, she will be able to prove that the funds are not family funds.. BUT the use of MK will entail the obligation to register a share in it too, in proportion to the cost of the apartment and MK.
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13. The mortgage was issued for the husband, but was paid with maternity capital. Now we are divorced, my ex-husband is hiding and does not pay alimony. He also did not allocate shares to the children. 12 years have passed since the purchase of the apartment, he has been hiding for more than 3 years. Can I re-register the apartment in my name without him and allocate shares? Thank you.
13.1. Has the property been submitted for division? The statute of limitations has passed. If he is included in the ownership right, then part of the apartment is his.
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14. How much do lawyers charge for registration of maternity capital for the purchase of an apartment if the child is under 3 years old?
14.1. Why do you need lawyers? To obtain a certificate for the mat. capital, it is enough to personally contact the Pension Fund. There is nothing complicated in this procedure. You will only need to come twice.
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15. I have regional capital in my hands for 3 children. Can I use this capital as payment when purchasing an apartment? The apartment will be purchased for cash (not a mortgage). That is, I will add Kraevoy’s capital to the cash! It is the regional 100 thousand, not the maternal one! If I can, then tell me where to contact. Thanks in advance for your answer. Krasnoyarsk region.
15.1. Hello Anna Alexandrovna! In the Krasnoyarsk Territory, from January 1, 2020, regional maternity capital increased by 3.9% and became equal to 147,836 rubles. It can be spent, among other things, on improving living conditions. The purchase and sale agreement for residential premises will need to indicate that payment is made using funds from the regional maternity capital. Contact the social welfare department at your place of residence, they will give you a list of documents that will need to be provided after completing the transaction.
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16. We want to buy out a share in the apartment from our mother-in-law using maternity capital funds. After the purchase, the apartment will be owned only by our family, my husband, me and 2 children. Now the apartment has debts to pay for housing and communal services, but we don’t want to pay off this debt without having full rights to the apartment. How can you properly formalize the transaction, will the debt influence the decision of the Pension Fund and is it possible to buy a share with your own funds, and after the purchase apply to the Pension Fund for capital?
16.1. The presence of debt for housing and communal services does not affect the receipt of maternity capital. The purchase and sale transaction must be carried out immediately at the expense of maternity capital.
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17. After purchasing an apartment with the participation of maternity capital, the wife needs to allocate shares for the children and husband (who is serving a sentence); he needs a power of attorney giving the wife the right to represent his interests. Can the head of the institution (colony) certify such a power of attorney?
17.1. Yes, the head of the colony has this right. Sincerely.
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18. The husband has two children; their mother died; he is raising them; the deceased received maternity capital; he filed a lawsuit after her death and received the remainder of the capital, which he added to purchase an apartment. His third child was born and the marriage was registered. All three children live with us. Can a husband receive regional maternity capital for a third child? Irkutsk region.
18.1. You need to read the conditions of issue... for now I’ll say no. After all, the woman did not give birth to a third child...
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19. Can we be denied the use of maternity capital to purchase an apartment if the second child died at the age of three months?
19.1. No, this is not a reason for refusal.
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20. Is it necessary to allocate shares to children when buying an apartment with a mortgage using maternity capital, if they are already adults - 20 and 26 years old? I received a certificate for maternity capital for my third child, born in 2020, who later died.
20.1. Adult children have the right to refuse shares; the refusal must be certified by a notary.
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Tell me, can I spend maternity capital funds to buy an apartment without a mortgage if my child is under 3 years old?
We took out a mortgage on a secondary home using maternity capital. Everyone received 1/4 share: me, my husband, and our two children.
Divorced from my wife. The child lives with her. Can a mother use maternity capital to buy housing if I bought and registered an apartment for my child?
Being already divorced, I used my maternity capital to buy a room in a dorm.
2. I want to buy an apartment using maternity capital, my child is 1 year old. .
I am buying an apartment; I have shares of minor children; maternity capital was used when purchasing the apartment.
How to sell an apartment purchased with maternity capital? Without buying another apartment.
The Pension Fund refused to buy an apartment with maternity capital (the second child is 4 months old)
This is a question... The apartment was purchased with maternity capital; when purchasing, I included my two minor children and myself in the shares of this apartment.
How much will the amount of maternity capital be if a child was born in 2020 and the amount from him was spent 430,000 rubles on the purchase of an apartment.
In 2013, we bought an apartment with a mortgage (while married), registered the purchase in the wife’s name, and used maternity capital to pay off the mortgage at the end of the term.
What is the best way to spend maternity capital in 2020?
Each family has different priorities and parents can, at their own discretion, manage the amount of maternity capital in the areas specified by the state. But there are the most profitable ways to use money.
“In my opinion, the most profitable way to spend maternity capital is to invest it in real estate,” comments lawyer and mediator for family disputes Yuri Kapshtyk. — This is the most established unit, a reliable investment. When you buy a home using maternity capital, you have a property asset that can be improved in the future by adding a certain amount.”
The amount of maternity capital is the same for all Russians and is determined only by the number of children in the family. But real estate prices in the regions are different. If for Moscow the amount of 600 thousand rubles will be only a tenth of the total cost of a spacious apartment, then in a small city this money can pay for half the cost of housing.
“There are no established requirements from the state for living space purchased for this money,” continues Yuri Kapshtyk. - This can be primary or secondary housing, a private house, even in dilapidated condition. If parents have the strength and desire to improve this house, complete it, create good living conditions for themselves and their children, this can be done.”
Options for purchasing an apartment
The law allows you to buy real estate at any stage of its construction. It is possible to purchase living space on the secondary market. The main thing is to obtain the bank’s consent to the transaction. You will need additional funds to purchase a home.
You can use maternity capital to purchase your own apartment immediately after the birth of your second child. The right to a housing certificate itself must be endorsed.
This is done by submitting a special application, with the original and a copy of the child’s birth certificate; parents' passports, original SNILS. After confirming your right to a subsidy, you can start buying a home without waiting until the baby is 3 years old.
The conditions for receiving payment benefits are summarized by the following points:
- date of birth of the second baby – from the beginning of 2007;
- preliminary submission of an application to the Pension Fund of the Russian Federation - to obtain a certificate;
- strict reporting to the creditor bank and the Pension Fund for the money spent.
You can buy real estate using such budget funds, taking into account the maximum amount of the benefit. In 2007, the amount of maternity capital was 250 thousand rubles. Now the volume of funds, subject to periodic indexation, has increased to 453 thousand rubles.
It is rare for such an amount to become full payment for the apartment. The holder of capital will be able to purchase a budget “studio” in a provincial city with this money. To purchase a spacious home, you will have to resort to borrowing money from a bank or other solvent lender.
You can improve your living conditions using several popular lending schemes.
Maternity capital - a solid down payment
Before actually paying for part of the apartment with family capital, you should decide on the bank and its loan terms. A mortgage for holders of such a certificate will cost on average 13-16% per annum, with a predominantly annuity calculation procedure, i.e. when the debtor pays for the property in equal installments.
Step-by-step instructions for purchasing real estate are as follows:
- The applicant applies to the bank for a mortgage.
- Obtains the consent of the credit institution.
- Searches for housing and obtains bank approval for purchase.
- Conducts its appraisal and bears all insurance costs.
- Concludes a mortgage agreement and a real estate sale transaction.
- Uses the right to make a down payment, and pays for the rest of the apartment with his own money.
This is followed by an appeal to the Pension Fund of the Russian Federation, with an application for the allocation of maternity capital funds for settlements with the seller. Usually the money arrives in the apartment seller’s account 2 months after permission to use this benefit.
Paying off an existing mortgage
It is allowed to spend maternity capital to repay an existing housing loan. To do this, you need to contact the Pension Fund of the Russian Federation with an application to send money to the bank’s current account. The procedure must be agreed upon with the credit institution itself, since the payment schedule for the apartment will be significantly changed.
This opportunity is suitable for families who have decided to pay off the remainder of the mortgage using maternity capital. Then the step-by-step instructions for completing the transaction will be as follows:
- The applicant must contact the Pension Fund to transfer the amount of the benefit to the bank account.
- You need a notarized signed obligation to transfer the apartment into common ownership. The applicant's spouse and other members have the right to a share, i.e. those who are registered in housing on a permanent basis.
- You need to get a certificate from the bank about the current amount of debt.
- After receiving permission from the Pension Fund, the amount of maternity capital is transferred to the bank account.
- Payments can be made on the condition that the principal and interest are repaid. The new payment schedule may be reduced or significantly changed in favor of the mortgage holder.
Payment for housing under a shared participation agreement
Purchasing an apartment under a shared participation agreement is possible at the initial stage of construction of an apartment building. Maternity capital can be used as a down payment or in the process of repaying the shareholder’s obligations.
You can buy real estate under the DDU at a lower price, provided that the borrower is reliable and the agreement is registered with Rosreestr. The scheme itself does not exempt from the costs of insurance and assessment of living space. The original housing certificate is provided to all authorities - state and commercial.
How to spend maternity capital
Since 2020, at the birth of a child, the Pension Fund of the Russian Federation issues a certificate automatically. Mom does not need to submit documents; the registry office staff will do this. If PFR specialists have questions, they can call and ask for the missing document.
To receive payment you will need to collect the following documents:
- passport;
- child's birth document;
- statement on the disposal of funds indicating what the money will be spent on.
Starting this year, if you plan to spend funds on a mortgage, you do not need to contact the Pension Fund. Documents can be submitted to a bank that participates in the government program and issues a mortgage loan.
If parents want to receive funds from the account as a monthly subsidy, they will need a certificate from their place of employment for the last year and a certificate of income indicating personal income tax. The certificate must be provided by the parent for whom the certificate is issued, since this is a personal document. You can receive a monthly payment until the child’s third birthday, and the rest of the amount can be spent on housing or education for the children.
Stages of completing a transaction
- A transaction for the purchase of the selected housing is carried out through a state notary.
- All necessary documents are collected.
- An application is written and, together with a package of documents, submitted to the Pension Fund.
- Money is transferred to the seller’s account after consideration of the application (about two months).
Important! If the Pension Fund employee does not approve the deal, the parents will have to pay money not from maternity capital or terminate the contract altogether.
Thus, real estate can be purchased partially with maternity capital.
When can you use maternity capital to buy a home?
As a general rule, you can use maternity capital funds to purchase housing after 3 years from the date of birth or adoption of the second (subsequent) child. However, there are a number of areas in which the use of certificate funds is permitted at any time after the right to maternity capital arises.
When purchasing housing using MK funds, it is necessary to allocate shares in it to each family member - this is a mandatory condition established by law (Part 4, Article 10 of Law No. 256-FZ of December 29, 2006).
The application for disposal, along with the required documents, must be submitted to the Pension Fund of Russia (PFR). If at the time of filing the application the property cannot be registered as common shared ownership, then together with the documents from the main list you will need to provide a notarized undertaking to allocate shares to all family members.
List of basic documents required for directing maternity capital to improve housing conditions (clause 6 of Government Resolution No. 862 of December 12, 2007):
- A document confirming the identity of the person receiving the certificate.
- A document confirming the identity of the representative, as well as a document confirming his authority - if the application is submitted through a representative.
- An identification document of the spouse of the certificate holder, as well as a marriage certificate, if the party to the transaction or obligation related to the acquisition or construction of housing is the spouse of the certificate holder, as well as if the construction or reconstruction of housing is carried out by the spouse.
The list of additional documents depends on the method of purchasing housing.
The application is reviewed within one month . If approved, the funds will be transferred to the bank account of the seller (individual or legal entity). The transfer period is 10 working days .
Terms of Use
You can spend maternity capital only if you strictly comply with all the conditions specified in the law:
- As a result of the transaction, the family should receive ownership of the entire property. As a rule, an entire apartment or house is purchased, but in some cases it is permissible to buy out a share - only if as a result the entire property will be at the disposal of the family.
- Housing must be suitable for living. You cannot buy property that is in disrepair, is about to be demolished, or is dilapidated.
- Maternity capital is used to improve housing conditions. If the family’s situation worsens as a result of the transaction, the Pension Fund will not pay the funds (for more details, see the requirements for real estate below).
- Housing must be located on Russian territory.
- Children must be allocated shares in the purchased housing. This is ensured during the execution of the transaction or with the help of a notarized obligation to allocate shares in the future.
- Transactions with spouses are prohibited, and transactions with close relatives (for example, parents) are not subject to verification as a general rule. This is related to the prevention of illegal cashing out of capital and is fraught with criminal prosecution for fraud.
There is a separate condition regarding the age of the child . As a general rule, maternity capital can be realized only if the child is already 3 years old. However, in some cases it is permissible to receive money before reaching the age of three:
- if an apartment is purchased with a mortgage, it is permissible to repay the loan or pay the down payment;
- if the family already has a loan (credit) to buy a home, it can be repaid using maternity capital.
Be sure to pay attention to the requirements for real estate :
- You can buy an apartment (house) on the secondary market, an apartment under the preconditions or a building under construction with a degree of readiness of at least 70%.
- The apartment must be a separate isolated room in an apartment building, not located in the basement (basement).
- Housing must meet the requirements of sanitary, hygienic and technical standards and regulations: there are heating, water supply and sanitation systems (depending on the characteristics of the locality);
- during the heating period the air should be heated evenly;
- living rooms and kitchens should have natural light through windows.
If an unapproved redevelopment has been carried out in the apartment, it will not be possible to obtain capital funds for its purchase.
As a general rule, doubling maternity capital is impossible, but a number of developers have social programs that allow you to reduce the cost of housing by double the amount of maternity capital.
What kind of housing can you buy with maternity capital?
Using maternity capital funds, you can buy an apartment, house or room. Basic requirements for purchased housing:
- The property must be residential premises , that is, meet all the requirements specified in Section II of Government Resolution No. 47 of the Russian Federation dated January 28, 2006.
- Real estate must comply with sanitary standards.
- Housing must be located on the territory of the Russian Federation.
Housing is allowed to be purchased both on the primary and secondary real estate markets; there are no prohibitions on this in the legislation.
Use of capital - basic rules
According to modern legislation, there are several options for purchasing a home using the received official maternity capital. A family can significantly improve their living conditions by the following methods:
- You can use the capital directly to purchase a home.
- Contribution of a share to a modern house under construction.
- You can buy a house or a small part of it.
- Payment of the mortgage taken out.
- It is allowed to use the reconstruction of existing housing.
- Investment in the construction of a private country house.
Each family gets the opportunity to choose the most suitable option and method for improving their place of residence.
Conditions for purchasing an apartment with maternity capital
The issuance, amount of payments and use of maternity capital is regulated by Federal Law No. 256. In order to properly use the certificate, you need to study in detail the conditions for using social assistance.
For 2020, the amount of maternity capital is 453,026 rubles. The benefit is subject to indexation in 2020.
We advise you to read:
- ✅ Do they provide maternity capital for 3 children?
- ✅ Is it possible to spend maternity capital on apartment renovation?
- ✅ Is it possible to buy a plot of land with maternity capital?
- ✅ What documents are needed to obtain maternity capital?
According to Article 10 of the Federal Law of December 29, 2006 N 256-FZ, maternity capital can be used not only to improve living conditions. It can be spent on educating children, increasing the mother’s pension savings, monthly payments for the maintenance of a second child, as well as receiving compensation for goods necessary for socialization for disabled children.
It is also possible to use maternity capital funds within the framework of the state program “Housing”. It provides for the purchase of housing, but funds are not transferred to citizens immediately. There are a number of conditions for their receipt and implementation, in accordance with Federal Decree No. 862 dated December 12, 2007 (as amended on May 25, 2017).
It is possible to purchase an apartment using maternal capital in both the primary and secondary markets. But not all sellers agree to wait several months for payment; this is the main difficulty in finding real estate.
Terms of use of maternal capital funds:
- Possibility of making it as a down payment when purchasing a mortgage;
- Purchasing a finished apartment on the primary and secondary markets with an additional payment to your own savings, but only when the child reaches the age of 3 years;
- The law provides for the repayment of a mortgage loan that was issued earlier;
- Maternity capital can be used not only to purchase an apartment, but also a plot for construction or to cover the costs of construction of a house that has already begun.
Considering that the state provides support to children by allocating such subsidies, there are conditions that should be taken into account when contacting the Pension Fund for the transfer of funds:
- In the application to the Pension Fund for maternity capital, it is required to indicate the purpose for which the applicant wishes to spend the funds, the amount (can be used in part), and attach the required package of documents;
- When purchasing a mortgaged or finished apartment using government subsidies, parents undertake to include their children in the share (provide a notarized agreement on their inclusion);
- The purchased mortgage housing must be 70% ready;
- The seller of real estate must be informed of the transaction using preferential funds, since not everyone is satisfied with the conditions and terms;
- You cannot purchase real estate using maternity capital from first-degree relatives;
- In the interests of the future of children, it is prohibited to exchange living space in good repair for emergency or dilapidated housing;
- The property must be registered on the territory of the Russian Federation, since buyers do not actually receive money in their hands. Financial institutions transfer funds to the seller’s card or account upon conclusion of the transaction;
- After the Pension Fund transfers funds, they must be realized within six months.
