Difficulties in allocating a child's share
The rights of minors are enshrined in the Family Code. Their protection and monitoring of compliance are monitored by guardianship authorities. A third party, the lender, takes part in the procedure for purchasing real estate using borrowed resources. Thus, the interests of the family, the bank and the supervisory authorities must be taken into account. In this case, you must comply with current legislation. It is this composition of stakeholders that makes such transactions difficult to carry out, requiring increased attention and additional knowledge.
Is it possible to allocate a share to children?
Based on current legislation, parents must ensure the right of minors to own property. In the case of a mortgage, the allocation of a share usually occurs after all obligations have been repaid. If a family certificate was used to make the first payment or early repayment, allocating a share to the child is not only possible, but absolutely necessary.
Let's consider another situation. The family plans to sell the apartment in which the minor is registered, in order to subsequently buy a new one, partially using loan funds. In this case, permission from the guardianship to conduct the transaction will be required. To obtain it, it is necessary to inform the supervisory authority that the child will be granted the right to own real estate, which will be purchased subsequently.
Important! It is necessary to take into account the area in the new apartment that will be available for the child. It shouldn't get smaller.
If the child is over 14 years old, his written consent to complete the transaction will be required. Here you can learn more about the nuances of the process.
The transfer of part of the property is formalized in one of these ways:
- Registration of a donation, certified by a notary. Here is more detail about this procedure.
- An agreement to transfer part of an object into the ownership of a minor. This document is also subject to notarization.
To avoid problems with subsequent registration of property rights, you should entrust the preparation of these documents to professional lawyers. You can get a free consultation on our portal. Despite the fact that the minimum size of children's property is not established by law, in order to avoid problems with regulatory authorities, it is best to proceed from the norm - 12 square meters for each of the children.
When is an obligation to allocate shares required?
A commitment is a legally certified document. According to it, the future owner of the apartment undertakes to share the right to own housing with children and a second spouse, if any. In simple words, the obligation allows you to delay the moment of allocating children the meters they are entitled to, but obliges them to do this in the future.
This document is required to be drawn up when using the par value of maternity capital to pay part of the cost of purchasing an apartment, including a mortgage. Without it, the pension fund will not direct the money to its intended purpose. If housing is purchased in a new building under a shared participation agreement, then it is necessary to allocate shares to children after signing the act of receiving housing, before registering the property.
All cases when it is necessary to formalize an obligation:
- The property was purchased using borrowed funds; it is possible to allocate shares to children after the mortgage is paid off.
- Parents are the owners of the apartment, while the size of the property of minors has not yet been determined.
- Contributions to the cooperative continue.
- Construction of a private house is underway.
Important! From the moment of termination of obligations to third parties or receipt of documents for a built private house, the family is given six months to fulfill the intentions specified in the obligation.
Allocating a share to children after paying off the mortgage
Allocating shares to children after paying off the mortgage is much easier, because this procedure does not require additional approvals from the bank. Let's take a closer look at this process.
Peculiarities
This procedure also has a number of nuances:
- If during the term of the loan agreement another child appears in the family, he must be given a share on an equal basis with the older children.
- 6 months are allotted for collecting all documents and carrying out the transfer procedure after settlement of the loan. If the family does not have time to complete the process during this period, the supervisory authorities have the right to legally recover the nominal value of the capital back.
- To transfer ownership rights, you can draw up a gift agreement or an agreement on the transfer of part of the apartment. Both of these documents are notarized. They imply the transfer of ownership without making additional payments.
- If both spouses are owners, but the share of each of them is not determined, first it is necessary to allocate their parts, then the children's parts. It will not be possible to allocate everyone’s shares at the same time due to different reasons for receiving. Parts of the spouses are allocated on the basis of an agreement on the division of marital property, while the children are transferred by gift or agreement on the allocation of shares.
Documentation
The following kit will be required. To remove the encumbrance after paying off the mortgage:
- Mortgage from a bank.
- An application for withdrawal will be drawn up by an MFC employee. There is no need to prepare anything in advance; there is also no state duty.
Next, to divide shares in the MFC, you need to prepare:
Procedure
The mechanism for delimiting rights to property upon completion of mortgage payments is significantly simplified and does not require additional decisions from regulatory authorities or a credit institution.
Consists of the following steps:
- Receipt of a mortgage from the bank after full repayment of the mortgage loan. The bank has two weeks from the date of the last payment to issue it.
- Registration of removal of encumbrance. The set is transferred to the MFC, then the owner receives a new paper from the unified register without information about the mortgage. We wrote in detail about this procedure earlier. You will need a certificate confirming the closure of the mortgage and the absence of debt to the bank.
- Drawing up and notarization of the basis for the division of property (agreement on the voluntary transfer of part of the property, gift agreement).
- Transfer of documentation to the registration authority. The application is submitted by each participant on his own behalf (parents act for minors), the form is filled out by MFC employees.
Let us summarize based on all the above information. It is possible to differentiate children's shares before and after repayment of the mortgage. To avoid disagreements with supervisory authorities, shares that are comparable to the nominal value of the capital should be transferred. You should carefully select a lender; preference should be given to those banks that do not interfere with the transfer of the part of property due to minors. It is best to prepare documents for the transfer of shares from a specialist in this field.
Dear readers! The situation in the mortgage market is changing very quickly. The article describes the general rules. To resolve your individual situation, contact our online specialist lawyer.
Was it useful and interesting? Like or share the post on social networks. The duty lawyer of our portal is always happy to answer your questions.
As a rule, borrowers do not have problems if they take out a mortgage loan for a legally capable and adult person. However, if the situation differs from the standard, many questions immediately arise, the answers to which cannot always be found - at least quickly and in full.
We will try to correct this by providing in this article as much useful information as possible about the features of such lending. Let us consider in detail whether it is possible to obtain a mortgage for a minor, how to assign shares to a child before or after paying for the mortgage apartment, and other nuances.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free!
Is it possible to allocate shares to children in a mortgaged apartment?
Statistics show that every third Russian family takes out a mortgage. Most often, the choice falls on a spacious living space - a 2 or 3-room apartment. The ideal layout of mortgage housing allows you to allocate sufficient meters to all family members.
When is it necessary to allocate a share to children?
- Firstly, when repaying part of the mortgage using maternity capital funds
Let us remind you that maternity capital is a certificate for issuing cash for the birth of a second child in a family.
The amount of government subsidy is constantly changing. For example, conditions have changed since January 2020. It is not necessary to have a second child. Now maternity capital is also issued for the birth of the first child (466,617 rubles), and for the birth of a second child they pay an additional 150,000 rubles on top of this amount - in total, for two children you can get 616,617 rubles. The recipient of the certificate or both spouses must formalize an obligation to allocate a share to the children. Moreover, in the case of a mortgage, this is a long-term obligation, since the apartment is pledged to the bank.
Immediately after repaying the mortgage, parents will be able to give the child a share in the new apartment purchased.
- Secondly, the guardianship authorities require the allocation of children's parts before the sale and purchase transaction is completed.
The amount of money is paid at the expense of the spouses if maternity capital is not used. Guardianship authorities oblige parents to allocate children's shares in advance. But, what is noteworthy, banks are not at all accommodating of such a decision. Why? If there is a delay, the bank takes away the mortgaged apartment, but its further sale will be hampered by the allocated share for the children. Therefore, transactions of this kind are extremely complex.
Difficulties
In mortgage relationships, especially if they involve minors, there are a lot of difficulties:
- Often, parents forget about the rights of minor children and do not provide them with a mandatory share. If funds under MS are involved in the purchase, then the Pension Fund and guardianship authorities will, of course, remind you of the need to allocate the child’s share, but when buying an apartment without using MS, this does not always happen.
- The sale of a real estate property, if the co-owner is a child, is possible only with the consent of the PLO and the approval of the credit institution.
- Often, the minor’s share in the new mortgaged apartment turns out to be less than in the previous residential premises, and this is unacceptable.
- A parent's failure to make future mortgage payments could result in the entire family being evicted, even if the child has an ownership interest in the home.
Therefore, everything will depend on the bank’s decision. Of course, there are some ways potential borrowers can use to make a small impact on being more likely to be approved for a mortgage:
- Find a more loyal lender . But there are some pitfalls here: a bank that is more loyal to borrowers takes a greater risk, therefore, loans from such credit institutions are often given at a higher interest rate than usual.
- Check your credit history in advance . If the borrower accidentally forgot that he already had difficulties repaying a loan from this or other banks, then he may face a refusal to issue a mortgage loan.
- Transfer another property to the bank as collateral . In this case, parents will be able to freely allocate their children's share.
- Allocate the share of minors in another residential area . To do this, you can use the apartments of close relatives, for example, a grandmother will allocate a share in her apartment for her grandson, to whom she was already going to inherit the living space.
In this case, the likelihood of mortgage approval increases significantly. Of course, if the borrower has a permanent official job and has a good credit history.
Example
The Zinoviev couple lived for about ten years in an old two-room apartment, which the wife inherited from her grandmother. But a year after the birth of the child, they decided to improve their living conditions and turned to the bank to apply for a mortgage loan. They offered the bank an old apartment as collateral. The bank agreed with the collateral and approved a loan for Zinoviev to purchase a new residential property. The spouses transferred the children's share in the old apartment to a new one, purchased on credit, and the old one remained as collateral in case of any difficulties with repaying the mortgage.
Subsequently, after repaying the loan, when the lien on the old apartment was removed, the couple sold both residential premises and were able to buy a spacious three-room residential premises with an improved layout.
If shares are not allocated to children
Each drafted obligation to allocate shares contains a clause about the consequences for failure to fulfill the document. But the law does not clearly define what liability parents can bear for failure to fulfill an obligation. Moreover, not every obligation is verified to ensure its fulfillment. The prosecutor's office conducts only random checks, and violations can also be detected at the request of the Pension Fund or the Public Prosecutor's Office, but such requests are also not made for every transaction.
But if the parents received MS funds for the purchase of residential premises, or to pay off a mortgage loan, and they themselves somehow cashed out the MS and spent it on other needs, then such an act will be qualified under Art. 159 of the Criminal Code of the Russian Federation “Fraud”. In this case, violators will face real punishment - a fine of 120 thousand rubles, or, extremely rarely, real imprisonment. In addition, parents will be required to reimburse the state for the amount that was allocated for the purchase of residential premises.
Example
The Murashov family received MS after the birth of their second child. Since they had no intention of improving their living conditions or using the MS funds in any other legal way, they decided to cash out the maternity capital funds.
The Murashovs agreed with their relative that they would enter into a fictitious contract for the sale and purchase of her residential building for an amount equal to the size of the certificate, and the relative would return the funds received from the transaction to the spouses, leaving herself the agreed amount as payment for trouble.
This is important to know: Cancellation of notarization of transactions with shared ownership in 2020
In order for the Pension Fund to allocate the required amount, they drew up an obligation to allocate children's shares, then made a purchase and sale transaction, thus cashing out the allocated funds and using them for their own needs.
After some time, PF employees discovered this violation. A criminal case was initiated against the Murashovs, and the court decided to impose a fine in the amount of 120 thousand rubles. and compensation for damage to the state in the amount of 450 tr.
How to allocate a share in a mortgaged apartment to a child?
Technically, the allocation of part of the real estate can occur on the basis of:
- Agreements of the parties.
- Registration of deed of gift.
If the parents have not used any of these methods, then the guardianship authorities may initiate legal proceedings to force the allocation of the minor’s share.
Required documents
For any home loan, you need to collect a lot of documents. Allocating shares to children in a mortgaged apartment also increases their number.
For this you need:
- Estimation of the cost of purchased housing.
- Receipt from the seller agreeing to sell the apartment.
- Consent of the second spouse to the purchase.
- Extract from the Unified State Register of Real Estate with data on the purchased housing.
- A photocopy of the passport of the spouse in whose name the loan is issued.
- An extract from the work book or other documents confirming that the borrower has a salary.
- Certificate 2-NDFL confirming his solvency.
- A copy of the marriage certificate.
In addition to solving problems with the bank, registering a child’s share in an apartment requires contacting Rosreestr. There you need to submit the following documents:
- Birth certificate or passport of the minor for whom the share is allocated.
- Copies of birth certificates of other children.
- Marriage certificate (copy).
- Contract of sale of an apartment.
- An agreement between parents on the allocation of a share or a deed of gift for the share of an apartment.
- Receipt for payment of state duty.
Based on these documents, the child’s property rights will be registered in Rosreestr.
Agreement on allocating a share to children
The document agreed upon by the spouses on the allocation of children's parts in the apartment serves as an obligation of parents towards their children. The control body is the Pension Fund of the Russian Federation , in the event that spouses apply to receive maternity capital for housing. Read more about this in the article “Allocation of shares to children when using maternity capital.”
A strict and mandatory condition for concluding a parental agreement is certification of the document by a notary.
The agreement is executed immediately after the mortgage loan is repaid - six months are given for this. The child receives the share specified in the text of the spouses’ agreement. The size of the part should not be less than that established by legislation in the region. Usually - at least 12 square meters. meters of living space.
Deadlines
Situations with allocating a share in a mortgaged apartment are very individual. Hence the difference in the time frame for implementing the plan:
- waiting for approval from the bank - from 10 to 30 working days >;
- obtaining permission from the guardianship authority - 14 days >;
- time to fulfill the obligation (agreement) – 6 months >;
- registration of property rights in Rosreestr - from 14 days to a month .
Don't forget about paying off your mortgage debt. If the bank refuses to allocate a share before concluding a mortgage agreement, you will have to wait for the encumbrance on the apartment to be lifted. Life shows that this can take from 10 to 40 years, provided there are no problems with payments.
Proceedings through the court take 3-4 months , and in some cases can last much longer. It will take time to check the contracts, the financial situation of the parties and the bank’s claims. Allocation of a child's share through the court is the only opportunity to influence the creditor's decision.
Cost, expenses
Main expense items:
- certification of a voluntary agreement by a notary – from 300 rubles;
- The state fee for filing a claim depends on the value of the claim.
Additional costs may arise if paid certificates and statements are required. On average, you will have to pay from 300 to 1500 thousand rubles for them. But, as a rule, the procedure does not imply the collection of certificates; if necessary, registrars carry out their request independently using their own local database.
Some features
Depending on whether one spouse or both, according to Rosreestr, are homeowners, the sequence of actions when deciding on allocating shares to their children will depend. Let's consider three options:
- Provided that the owner of the property is one spouse. In this case, the action should be to draw up a deed of gift for each family member. As a result, everyone will be allocated a certain share in the real estate.
- Provided that the housing belongs to both spouses on the right of common ownership. With this option, a preliminary allocation of the share of each spouse will be required. In the future, each of them allocates shares from their property for children.
- Provided that the housing belongs to both spouses on the basis of shared ownership , that is, the share of each parent has already been determined in advance. They will only have to donate part of their property as a share for the child.
How to allocate before and after loan repayment?
Conventionally, the procedure can be divided into two stages: before repayment of the mortgage debt and after repayment. Let's consider how you can allocate a share of a mortgaged apartment to a minor child before or after repayment? The first step is to contact the bank to receive from its employees a letter of request from the bank to provide the minor with a share in the apartment purchased under a mortgage.
If employees report that issuing a letter is possible, it is necessary to complete the preliminary procedure for obtaining a mortgage :
- Submit documents for a mortgage to the bank:
- income certificates;
- passport;
- birth certificate;
- spouse's consent to purchase real estate, and so on.
- Get pre-approved for a loan.
- Find the seller and receive from him a package of documents for the property being purchased.
After this, you must contact the guardianship and trusteeship authorities with a letter of petition , as well as the following documents in the list:
- An application containing a request to issue permission to change housing.
- A complete package of documents for the apartment being sold, in which the child is registered as one of the owners, as well as documents for the apartment being purchased:
- technical certificate;
- floor plans and explication from BTI;
- report on the assessment (how the market value of real estate is assessed can be found here>);
- preliminary purchase and sale agreement.
- Documents confirming the parents’ ability to repay the loan:
- income certificates in form 2-NDFL;
- copies of work books with notes on work experience and/or concluded employment contracts (it is also possible to provide a GPC agreement).
You will also need to provide documents certifying the presence of other valuable property: vehicles, bank deposits, other real estate, and so on.
After submitting the documents, an authorized person from the guardianship and trusteeship authorities conducts a conversation with the parents , finds out the goals they are pursuing, assesses compliance with the rights of the child, and so on. Based on the results of the conversation, the PLO establishes the required amount of the share in the ownership of real estate purchased with a mortgage.
Within 2-3 weeks, maximum within 30 calendar days, the PLO makes a decision - this can be either the issuance of written permission or a refusal with detailed arguments for such a verdict. The further procedure for obtaining a mortgage is not much different from conventional mortgage lending: the documents of the real estate seller, together with the written permission of the OOP, are sent to the bank, after which the bank management makes a decision on signing or not signing the final mortgage agreement.
After paying off the debt, parents need to pay off the encumbrance in Rosreestr - this is a very important stage, without which alienation of rights to real estate is impossible (read about why state registration of a transaction is needed when taking out a mortgage loan and how the agreement is registered, read this article). To do this, you need to get a certificate from the bank employees about the absence of debt and claims, and then, with this and the other required documents, contact Rosreestr to remove the encumbrance.
If the bank categorically did not want to issue a loan with the condition that one of the owners would be a minor, and at the same time, in the old apartment the child was not registered as one of the owners, then allocating a share to the minor is possible after repayment of the debt.
After the encumbrance is removed, you need to draw up a gift agreement, which will indicate the transfer of the share to the child - this agreement must be registered with Rosreestr, after which the child will become one of the owners of the property.
Determining the size of the share
The size of the share can be absolutely any.
Most often, when paying off a mortgage with maternal capital and allocating shares, parents proceed from the formula that there are four family members and one apartment.
Thus, equal shares are allocated to everyone.
That is, children and parents each receive a ¼ share in housing. However, this formula does not always work. You can also give the children a ¼ share each, and distribute the rest among themselves as joint property.
Interestingly, adult children and parents can renounce their share in favor of a family member . To do this, they write a corresponding statement and attach it to the obligation.
In this case, the share of one of the family members in whose favor is being waived will be greater. This happens if the housing area does not comply with the federal standard prescribed in Chapter 1 of the Housing Code. According to this norm, there should be 6 square meters per person.
It is interesting that it is obligatory to allocate shares to children in equal shares, but it is not said what shares they should have . Therefore, some parents do the following: they allocate 1/100 of the share to their children, and the remaining part (98/100) is distributed between the parents.
This division also fully meets the requirements of Federal Law No. 256 of December 29, 2006.
Pitfalls and difficulties
- Firstly, if the allocation of shares occurs already at the stage of signing the purchase and sale agreement (parents do not want to wait for the moment when the debt is fully repaid), the KP agreement should already contain information about the child owner. In other words, the agreement must indicate that the child will receive his share, otherwise the guardianship and trusteeship authorities will simply not issue permission to carry out the transaction.
Secondly, if the child’s age is from 14 to 18 years, in accordance with Article 28 of the Civil Code of the Russian Federation, this person is considered partially capable. Thus, when concluding contracts and contacting the bank, it is necessary to obtain written consent from the child for the purchase/sale of real estate, depending on the situation.
The consent is drawn up and certified by a notary - only in this case the document receives legal force. Without the written consent of a child between 14 and 18 years old, neither the bank nor Rosreestr will be able to accept documents and complete the transaction.
Registration of a share for a child, as a rule, causes many difficulties for borrowers, since it is necessary to simultaneously fall under the conditions of both the guardianship authorities and the bank - neither the first nor the second organization is delighted with the relocation of a minor. For this reason, the borrower needs to strictly follow all the rules, pay close attention to the documents and submit everything on time, because otherwise the chance of refusal by the bank or guardianship authorities is extremely high.
Does Sberbank allocate shares to children on a mortgage?
If Sberbank allocates shares to children, then why is there a lot of information on the Internet that it is impossible to formalize this? The problem arises for those people who want to provide their child with guaranteed housing before repaying their housing loan. Few people understand how possible this is. And even fewer parents have enough legal knowledge to carry out the procedure correctly. Therefore, let's talk about everything in order in simple words.
Possible difficulties
Allocating shares to children adds to the problems. Mortgage lending is a complex procedure, given the mass of documents and aspects that Sberbank takes into account when determining the terms of the loan. The controversial points are:
- The use of maternity capital does not necessarily imply a share of real estate for the child.
- The decision to sell real estate obliges parents to obtain Sberbank approval for the transaction.
- The share does not have to be the same as in the previous apartment. When applying for a mortgage, it may decrease.
- The presence of a share does not deprive Sberbank of the right to evict the father and mother in the event of debt on the loan.
When registering a share, they receive the approval of Sberbank. To increase your chances, do the following:
- carefully choose a lender (Sberbank is considered the best option);
- improve (if necessary) credit history, eliminate all debts to banks;
- provide Sberbank with collateral in the form of other property owned by the applicant;
- distribute children's shares in other apartments and houses of second-degree relatives (grandparents, aunts, uncles).
In this case, you can count on a favorable distribution of shares and guaranteed approval of Sberbank. So, if parents live in a house or apartment with their grandmother and receive living space as an inheritance, it can be mortgaged. Then the share can be redistributed so that in the new apartment taken on a mortgage, the child is entitled to a ¼ share.
Until the debt to Sberbank is repaid, the collateral property is pledged as a guarantee. After repayment, both objects become the property of the family.
Another option is to sell granny squares so that the money received can be used as a down payment along with maternal capital.
In this case, permission from the guardianship authorities is issued, since we are talking about depriving children of a share of the inheritance.
How to allocate a share in a mortgaged apartment to a child?
Instant transfer of a share is most often impossible. This fact is due to the fact that the square meters belong to the bank until the mortgage is repaid.
An alternative is to formalize a deferred execution, issued if maternity capital was used.
After the debt is repaid, the share is transferred on the basis of a gift or by mutual consent of the parents. Another possibility is to register a share through the court.
Useful tips
Before implementing the decision, the child must complete preliminary documents. The feasibility of providing existing housing as collateral is assessed. If consent cannot be obtained, you can proceed through the court. Sberbank consultants are ready to provide legal support. Consultation is available by phone, in person or online.
Monthly annuity payments in accordance with the payment schedule. What commission should I pay to the Bank for providing a loan? There is no fee for issuing a loan. Is it possible to register an apartment purchased on credit as common property? Yes, the purchased apartment can be registered as common property:
- co-borrowers;
- the borrower and his family members (children and parents);
- the co-borrower and his spouse, as well as members of his (their) family (children and parents of spouses).
Will an apartment purchased with a mortgage be pledged to the Bank? Yes, the purchased property is pledged to the Bank until the loan is fully repaid (if the terms of the loan provide for the registration of the loaned property as collateral). Within the framework of the “Purchase of finished housing” and “Purchase of housing under construction” programs, it is possible to register as collateral for a loan both the collateral for the apartment being purchased and the collateral for an existing apartment. Can the Bank provide a loan without taking into account solvency? No, the maximum loan amount can only be determined based on the solvency of the borrower/co-borrowers. At the same time, individuals of no more than three people can act as co-borrowers on the loan. What is the maximum loan amount the Bank can issue? The loan amount is determined based on your solvency and depends on the collateral provided, and it cannot exceed the maximum values established by the Bank in accordance with the terms of the loan you have chosen. Is there any way to lower the interest rate? Yes, the possibility of lowering the interest rate is provided for a loan, in accordance with the terms of which a mortgage is provided for the property being financed, after proper registration of which, as well as insurance of the property being financed in favor of the Bank, the rate can be reduced. You can see a detailed table of interest rates on the Bank's website. What determines the interest rate on a loan? The rate depends on the type and term of the loan, the size of the down payment, as well as the category to which the Bank’s client belongs. Where can I get a home loan? You can get a loan at the Bank branch at the place of registration of the borrower or one of the co-borrowers, at the location of the real estate being financed. And if you work at an enterprise accredited or serviced by the Bank within the framework of the “Salary Project”, you can also receive a loan at the location of the employing company. What kind of property can be purchased with the money received from a home loan? With a Bank loan, you can purchase an apartment, residential building or other residential premises located on the territory of the Russian Federation and not encumbered by the rights of third parties on the secondary real estate market, as well as on the primary real estate market (new building).
Source: https://s-ipoteka.info/info/doli-detyam-pri-ipoteke-v-sberbanke.html
Conditions of TOP-5 banks
The situation on the market regarding shared mortgages is quite sad, since it is not profitable for banks to work with inferior property, even if the entire apartment is left as collateral. Getting a mortgage for part of an apartment is possible in only a few financial institutions:
- Sberbank offers the opportunity to purchase residential real estate on general mortgage lending terms. The minimum amount is 300 thousand rubles, and the repayment period is up to 30 years. At the same time, Sberbank boasts a small minimum annual rate, which is only 11%. You shouldn’t count on the minimum, but this is precisely an indicator of stability. Sberabank also provides loans to pensioners and takes into account additional payments. Income without documents.
- Gazprombank also has a mortgage for the purchase of a share in an apartment, but this program only applies to the purchase of the last share in an apartment or room. Rate from 11%. PV from 15%. If there is maternity capital, then the PV is 5%. There are discounts for employees of gas industry enterprises, major bank partners, salary employees and public sector employees. Duration up to 30 years. Amount from 500 thousand rubles. up to 45 million
- Tinkoff Bank. The advantage of this organization is the possibility of obtaining a mortgage for a separate share, which can be called exclusive on the domestic market. The interest rate is 13.35% (minimum) and the minimum payment is 25% of the home. The mortgage will be issued not by the bank itself, but by partner banks. There are some difficulties with collecting and transmitting documents. Tinkoff Bank acts as a mortgage broker.
- Otkritie Financial Corporation. The largest private bank provides the opportunity to purchase shares of an apartment (the last one) with a mortgage, on the terms of a 12% annual rate and 20% of the down payment (if there is a 2NDFL certificate, otherwise only 30%). The bank is quite picky about its clients.
- Deltacredit is one of the most flexible mortgage banks. It allows you to buy not only the latter, but also just a share in the apartment. The rate is quite attractive from 10.75%, but they ask to pay a commission of up to 4% of the loan amount so that it is minimal. The down payment also affects the rate. It can be from 15%, but the maximum discount will be if there is 50%. Mortgage term up to 25 years.
We invite you to familiarize yourself with the Documents for filing for unilateral divorce
Before moving on to specific credit institutions, let’s figure out why not all banks are willing to allocate children’s shares until the final payment of the mortgage. The fact is that, according to current regulations protecting the rights of minors, it will be almost impossible to forcibly sell such an apartment.
If the borrower fails to meet the mortgage payment obligations on time, the lender will not be able to foreclose on the apartment partially owned by minors. If the bank categorically refuses to allocate the child’s share until repayment, and the guardianship and trusteeship authorities do not have enough commitment, you can use the following ways out of this situation:
- Choose a mortgage program, the terms of which provide for the pledge of not purchased, but already existing real estate. Such programs have a higher rate.
- Secure children's shares in other real estate. In this case, the borrower must own another residential property or an agreement can be reached with relatives.
- Try to eliminate the claims of the guardianship authorities, obtain their consent on the basis of a notarial obligation.
- Use another bank for help.
The bank’s decision on the possibility of allocating a child’s share in a mortgage may be influenced by confirmation of solvency, savings, alternative real estate or car.