Shower      27.04.2022

Purchase and sale agreement with payment by maternity capital. Proper execution of the contract of sale with the use of maternity capital. Is it possible to sell a house bought with maternity capital

The right to use the state subsidy in the form of maternity capital arises when the child, with the advent of which the family acquired the right to family (maternity) capital, reaches 3 years old. An exception to the rule is the presence of a valid housing loan agreement in the family. The family has the right to send certificate funds to partially or completely cover the existing debt, without waiting for the child to reach the age of three. This can be done immediately after receiving the certificate.

So, upon reaching the child, for whom a certificate was issued for 3 years, it is possible to conclude an agreement for the sale of an apartment under maternity capital. A sample of this agreement is available for download below.

We also filled out this contract, the completed sample can be downloaded from the link at the end of the article.

You may also find other examples of contracts for the sale of real estate useful: apartments -, shares in an apartment -, non-residential building -, houses with land -.

What can maternity capital be spent on?

Contract for the sale of an apartment under maternity capital. Sample Fill

The contract form must contain:

  • the total amount of the concluded sale and purchase transaction;
  • in the subject of the contract for the sale of an apartment, the object of the contract must be specified, that is, such characteristics of the apartment as the address, number of rooms, area, floor, inventory and cadastral number, etc.;
  • information about the documentation on the basis of which the housing belongs to the seller;
  • information about the amount of the surcharge, if any, as well as the period for its transfer;
  • the amount of maternity capital funds transferred by the PFR to the seller's account;
  • details of the bank where the seller has an account;
  • seller's account number.

It is necessary to draw up an act of transfer to the contract, stitched together with the contract and which is signed by the parties to the transaction for the sale of an apartment under maternity capital. If the apartment is owned by sellers on the basis of shared ownership, then the number of sellers must match the number of shares.

All family members, that is, all children (including adults) and spouses who are in a marriage registered by the registry office, must be indicated as buyers in the contract. In the case of participation in the transaction of buyers of minor age, their parents (legal representatives) will act for them. A child (buyer) from 14 to 18 years old acts independently on the basis of the consent of one of his parents.

How to get maternity capital?

State registration of the contract for the sale of an apartment

A duly executed contract for the purchase and sale of an apartment is subject to state registration without fail. To do this, you should contact the Federal Reserve Board with the appropriate package of documents. As a result of the registration procedure, the new owner of the apartment will be issued a certificate confirming the ownership of the purchased housing. At the same time, in accordance with the law, the acquired property must be registered in the form of shared ownership of family members. The size of such shares is established by agreement.

Submission of documentation to the FIU

After the contract for the purchase of an apartment is registered, it is necessary to contact the Pension Fund branch, where an application is written with the obligatory indication of the purpose in accordance with which the certificate funds of maternity capital will be sent.

The following documents are attached to the application:

  • certificate (original) for maternity capital;
  • passport of the person for whom the certificate is issued;
  • marriage certificate (if any);
  • contract for the purchase and sale of real estate with an installment plan (copy);
  • SNILS;
  • certificate confirming the fact of registration of ownership of housing (copy);
    a certificate from the seller of the apartment, indicating the sale of housing on an installment payment basis. The document must contain the amount that the buyer owes to the seller according to the purchase and sale agreement. The amount of debt is indicated in the certificate for maternity capital.

After the expiration of the two-month period, the PF transfers the funds of the maternity capital certificate to the seller's account.

Buying and selling real estate is an issue that is more relevant than ever for large families. Taking into account state support with maternity capital, the implementation of this transaction has become a reality. The owner of the certificate must choose one of 2 options - the purchase of an apartment for cash or with the help of targeted lending from a bank. It is on this that the sample contract and the period from which you can receive money from the Pension Fund of the Russian Federation depend.

How is a sale and purchase with maternity capital processed?

The execution of a transaction for the purchase and sale of an apartment using the funds of mother capital differs depending on the method of payment for the purchase.

  1. Housing is purchased using borrowed funds. The scheme is as follows: the family goes to the bank, takes it, draws up all the documents and applies to the Pension Fund of the Russian Federation for payment. The Fund considers the collected papers and makes a decision on them within a period of not more than 2 months, after which the money is transferred to the bank by bank transfer to repay the loan.
  2. The property was purchased with the family's own funds. The applicant submits documents on the conclusion of the purchase and sale transaction to the Pension Fund of the Russian Federation and awaits payments to the seller from the fund.

An important condition for the Pension Fund of the Russian Federation is the registration of the acquired apartment in the joint ownership of all family members. This is done either immediately upon signing the sale and purchase agreement, or subsequently, 6 months after the repayment of all debts to the bank. But in this case, the owner of the certificate must submit to the Pension Fund of the Russian Federation a notarized obligation to divide the property into all family members.

In our opinion, it is more logical and less costly to draw up a section at the stage of the transaction. Firstly, you will not have to additionally go to the authorities to obtain new certificates of ownership, and secondly, there will be no need to pay state duties, in addition to those required during the initial registration of the transfer of ownership.

Important! If for some reason, even after drawing up a notarial obligation to register the apartment as common property, the owner of the certificate does not do this, then her spouse (father of the children) or the prosecutor's office has the right to file a lawsuit in court for compulsion to take this action.

Thus, we highlight 3 aspects that are important for processing payments on maternity capital in the Pension Fund of the Russian Federation:

  • the loan agreement must necessarily indicate its target nature - the acquisition of housing;
  • there should not be any co-borrowers, except for spouses, on a mortgage;
  • the ownership of the purchased apartment is distributed only among family members, but not other relatives.

However, these requirements, as judicial practice has shown, are not unconditional. The owners of certificates for mother capital managed to prove their case and the Pension Fund of the Russian Federation paid out the funds. For example, a family bought a part of a house that was adjacent to their own dwelling. The Fund refused to pay, but the court ruled that such a purchase expands the area for the family to live and, accordingly, the transaction does not contradict the requirements of the law on improving living conditions.

Mother and son voluntarily gave up their share in common property in favor of young children; the court ordered to pay the PF of the Russian Federation the funds of the capital. Or another situation: the mother bought out the share from the eldest child and divided it between herself and her younger sons. The court also sided with her.

In practice, a situation may arise when a mother remarries a man who is not the father of her children. In this case, how is the ownership of the acquired apartment formalized? Should the spouse be involved in this. The Pension Fund of the Russian Federation refuses to transfer money if it is not the father of the children who becomes the owner. However, if a divorce from dad occurred after the start of the transfer of funds from the mother's capital, but before they were transferred, then the former spouse will have the right to a share in the apartment.

How to get money from the Pension Fund of the Russian Federation for the purchase of real estate?

The family decided on the method of buying an apartment and decided to apply to the Pension Fund of the Russian Federation. Let's talk again that if real estate is acquired with the help of borrowed funds from a bank, then you can use the money of mother capital. But in the case of using personal savings and certificate funds, you will have to wait for the execution of the youngest child of 3 years.

Making payments when buying a home at the expense of credit funds

The Pension Fund of the Russian Federation allows to conclude loan agreements with:

  1. Credit organization (bank). This does not include microfinance organizations.
  2. A consumer cooperative that has been operating for at least 3 years.
  3. Another organization that issues a mortgage loan and meets the requirements that the legislator imposes on credit organizations.
  • certificate for mother capital;
  • statement;
  • Marriage certificate;
  • SNILS card;
  • passport;
  • loan agreement;
  • certificate from the borrower on the balance of cash payments;
  • a copy of the certificate of ownership of the apartment or a copy of the agreement on equity participation in construction (if the property is purchased in a new building);
  • a document that confirms the transfer of money from the bank.

Important! The owner of the certificate for mother capital can send funds to repay several loans; their number is not limited by the legislator.

Making payments when buying a home at your own expense

After the youngest child turns 3 years old, parents who bought an apartment for cash have the right to apply to the Pension Fund of the Russian Federation to compensate for the costs at the expense of the certificate. To do this, you need to collect the following documents:

  • certificate for mother capital;
  • statement;
  • passport;
  • SNILS card;
  • Marriage certificate;
  • a registered contract for the sale of an apartment;
  • certificate of ownership.

Important! If the property was purchased in installments, and, accordingly, the ownership of it passes only after the end of all payments, then a certificate is provided to the Pension Fund of the Russian Federation, which indicates the debt at the time of registration of documents in the fund.

Sample contract for the sale of real estate at the expense of maternity capital

There are quite a few examples of a contract for the sale of real estate using mother capital; The terms of the deal are subject to change. We recommend paying attention to the following points:

  1. If the apartment is registered in the shared ownership of all family members, then in the preamble of the agreement it is necessary to list all participants in the transaction, indicating the full name, date and place of birth, passport data, gender and address of registration. Further, in the subject of the contract, it is necessary to indicate: "The Seller undertakes to transfer the apartment to the Buyers in 1/3 share of each apartment in common shared ownership."
  2. We write down in detail all the information about the purchased object: address, area, number of rooms, cadastral number, on what right the seller belongs, etc. All this is necessary so that the subject of the transaction can be easily identified.
  3. The cost of the contract. Indication of the total amount and payment procedure. It is at this point that the parties prescribe that part of the funds will be transferred to the seller's account (account number) from the Pension Fund of the Russian Federation within a certain period.

The seller gives a guarantee that the property is not encumbered, pledged, etc., that is, the apartment is “clean” and ready for sale. We pay attention to this point also because very often unscrupulous sellers “forget” about relatives who, for example, are located in places not so remote and are listed as living space. But these same relatives remember this fact, and when the time for release comes, they appear on the threshold of housing. Moreover, they have every right to live in the apartment or demand payment of funds for their share. However, the buyer will be able to prove that he did not know about their existence and was in good faith, unlike the seller.

From 01.03.2013 registration of the contract of sale has been cancelled. Now the parties only have to register the transfer of ownership from the seller to the buyer.

What else is worth knowing?

The Pension Fund of the Russian Federation rather carefully checks all the documents that are associated with the execution of a sale and purchase transaction and the subsequent transfer of funds from the capital. Therefore, we recommend that you carefully read all the texts of the agreements. If an error is found in the contract, it must be corrected as soon as possible. In the event that the transfer of ownership is registered, the parties have the opportunity to conclude an additional agreement to the contract.

It is impossible to pay off the penalty or fines under the loan agreement with the funds of mother capital; only principal debt. It is also impossible to purchase a land plot along with real estate - only an apartment / house.

Important! Housing must be located on the territory of the Russian Federation and be registered either in the joint ownership of all family members, or in the name of the certificate holder / his spouse.

In practice, situations often arise when sales transactions are concluded between close relatives. Let's make a reservation right away, the law does not prohibit this; however, the RF PF is suspicious of such agreements. Moreover, the fund refuses to transfer funds to applicants. In this case, you can file a complaint with the higher management of the Pension Fund of the Russian Federation.

Maternal family capital is the means, the right of ownership is confirmed by a certificate that can be spent on buying a home. There are no questions in this part: a family that has received material assistance from the state has the right to purchase an apartment or a house, partially or fully paying for them with a certificate. In practice, not everyone understands how to correctly and competently draw up a sale and purchase agreement with maternity capital.

Why draw up a contract

Since the maternity family capital program involves the use of two options for buying a home: a sale and purchase agreement for finished housing or a mortgage agreement at a bank, many face problems in implementation.

It is impossible to conclude a sale and purchase agreement without the Pension Fund. It is the Pension Fund that is the "holder" of the certificate until the family decides to use the funds due. A mortgage agreement with a bank is concluded directly in the bank, according to the terms of the loan.

Important: Payment by means of family capital during a transaction through the Pension Fund takes several months. That is why private sellers are not always ready to conclude a sale with a family planning to use a certificate.

In addition, there are many nuances in the transaction.

Download for viewing and printing:

Deal Features


A sale and purchase agreement using maternity capital is concluded only if the Pension Fund approves the transaction. In fact, both the buyer (certificate holder) and the seller (real estate owner) must collect all the necessary documents. Each party to the contract has its own package. If at least one mandatory document is not provided, the Pension Fund will refuse to transfer funds to the seller's account.

Important: If the certificate holder is revoked his right to use the funds, the real estate seller will not receive payment for the transaction. The transaction is canceled, the real estate remains with the seller in the property. The risk for a person selling an apartment or house for capital is minimal.

Documents for the seller

The seller is one of the participants in the transaction, therefore, in order to receive payment from family capital, he needs to prepare a list of documents. The documents will be considered by the Pension Fund, in which the money of the capital owner is stored.

The main documents include:

  1. a certificate from the bank in which the account is opened in the name of the seller (not a relative or family member, but the actual owner of the real estate);
  2. an extract from a personal account from a bank (similar to a copy of a savings book, which have been canceled since 2015);
  3. a receipt of receipt of funds or a notarized receipt of an obligation to pay the remaining funds by the buyer.

The last document is not required if the property is being sold for the amount of the parent certificate. At the same time, in 2016, the owner of the capital had the right to withdraw 20 thousand rubles at a time for his own needs, therefore, before concluding a transaction, it is necessary to clarify how much of the capital the buyer has.

Important: The contract of sale specifies the amount that the buyer pays to the seller. If this amount does not match the amount of the certificate, then an additional receipt or obligation for cash payment is drawn up.

For example, if the buyer pays the difference right away, then the seller writes a receipt for the receipt of funds, and if the difference is paid within a certain period, then the obligation to pay within the specified time.

Do you need on the subject? and our lawyers will contact you shortly.

Documents for the buyer

The buyer, in preparation for the transaction, also needs to collect a package of documents. The main ones include:

  1. maternity capital certificate;
  2. certificate from the Pension Fund on the remaining amount;
  3. an obligation to distribute shares in the ownership of all family members, certified by a notary.

A certificate from the Pension Fund can be ordered at the Multifunctional Center without contacting the PFR branch directly.

The obligation to distribute shares is required if the contract is initially concluded exclusively for the buyer. According to the established rules, real estate from MSC funds can be registered in shared ownership for all family members: wife, husband, all children. Therefore, if the transaction is not carried out immediately for all, then within six months there should be a division of ownership into equal shares.

Important: If the obligation is not fulfilled, the Pension Fund has the right to withdraw funds and cancel the transaction.

In this case, the buyer will bear all costs that will have to be paid when reissuing documents. The seller in this case risks getting back his real estate, six months later, as well as the obligation to reimburse funds to the FIU.

Seller risk

Because the seller runs the risk of being required to repay funds in the sale, the law has protected such transactions. The seller of real estate has the right to challenge the refund of funds, since he is not guilty of an illegal transaction.

To do this, you need to go to court with a request to transfer debt obligations to the Pension Fund to an unscrupulous buyer. To avoid this risk and to minimize the need for recourse to the judiciary, it is desirable to prescribe all aspects in the sales contract.

How to draw up a contract correctly


First of all, a sale and purchase agreement using maternity capital must be concluded with a notary. This allows you to immediately create all the necessary receipts, supplements and applications in one place at a time.

The text of the contract must include the following information:

  1. data of the buyer or buyers (all family members);
  2. seller details;
  3. subject of the transaction (real estate: actual address, size, cadastral number, etc.);
  4. the amount of the transaction (for how much the seller's property is actually sold);
  5. method of payment of funds under the agreement (in particular, the clause on payment of maternity capital, as well as the method of paying the difference);
  6. payment terms (for example, within six months from the date of conclusion of the contract);
  7. details of the buyer (bank details where the funds should be transferred).

Additionally, you can include a clause on who bears all the material costs of concluding a transaction. Usually the costs are borne by the buyer, and are taken from the funds of the certificate. It would be useful to point out that the risks of non-fulfillment of obligations to the Pension Fund are fully borne by the owner of the capital, and not by the seller.

Important: Since since 2013 a sale and purchase transaction has not been registered with Rosreestr, but only the transfer of ownership from one owner to another is registered, it is considered superfluous to include a clause on the payment of state duty. By law, the duty is now paid exclusively by the buyer.

Sequencing


In order to buy a home, bypassing the bank and mortgage, you must adhere to the following action plan:

  1. Collect all documents for the conclusion of the transaction.
  2. Draw up a sales contract and related documents.
  3. Send a request to the Pension Fund for approval of the transaction (application for the disposal of capital funds).
  4. To formalize the transfer of ownership from one person to another.
  5. Make the final settlement of the contract.

In the event that the Pension Fund does not approve the transaction, the costs of it shall be borne by the buyer. The seller, however, must be prepared for the fact that the funds to his current account will be credited no earlier than two to three months from the date of sale of housing. The draft agreement is submitted to the Pension Fund for consideration along with an application for the disposal of funds.

Important: The most reliable bank that works with government cashless settlement programs for housing transactions is the Savings Bank of the Russian Federation (“Sberbank”). Therefore, if possible, it is better to open an account in it.

Disposal Statement


You can draw up such an application at the Pension Fund or at the Multifunctional Center. The text of the application (it has an established form) indicates exactly how the funds should be spent.

When applying, you must have:

  • contract of sale;
  • SNILS of all family members;
  • capital certificate;
  • identity document.

Either the owner of the certificate personally or his legal representative can write an application. As a rule, the owner is the mother, so it is she who fills out the application.

Download for viewing and printing: Important: A legal representative is a trustee who is authorized to act on behalf of the applicant on the basis of a power of attorney and no one else. The father cannot apply on behalf of the mother without her written consent.

Land


A land plot for the construction of a residential building cannot be purchased at the expense of the MSC in the event that there are no residential premises on the site.
In fact, an empty plot cannot be purchased, but a plot with a house, albeit not in the best condition (for example, old, but with an acceptable percentage of wear), can be redeemed.

The pension fund may not approve a deal to buy and sell a house that is badly worn or does not meet sanitary standards. In fact, no one goes to the place, so a worn-out house can be purchased along with a land plot for further demolition and construction of a new house.

Important: As practice shows, land plots with old houses are acquired for further restructuring or reconstruction at the expense of MSC funds very successfully in rural-type settlements.

Such transactions take place in the Pension Fund without any problems.

June 14, 2017, 12:19 Mar 3, 2019 13:48

Maternity capital is one of the methods of state support for families. It is issued once in a lifetime to a mother of two or more children and is a certificate that can be spent for purposes strictly prescribed by law. In this regard, the majority of families that have received state assistance are striving to change their living conditions for the better. For example, they can buy a new house or apartment with the participation of maternity capital.

In practice, many people face difficulties in using budget money when buying real estate. The purpose of this article is to help understand the nuances of a legal transaction with maternity capital. Moreover, we will look at how to correctly and legally draw up the appropriate sale and purchase agreement, and also tell you whether such a transaction is subject to income tax.

Deal Features

Maternal family capital is issued not for the whims of parents, but to provide for their children, so it is forbidden to cash it out. In addition, only the state has the right to decide what the money should be used for. According to the current legislation, maternity capital can be spent on the following needs:

  • To improve living conditions;
  • To pay for the education of children;
  • For the mother's funded pension;
  • For the various needs of children with disabilities.

Keep in mind that you can dispose of the entire amount at once or spend it in parts for different purposes. Today we will consider only one of them - the purchase or sale of real estate. You can use maternity capital both when buying secondary housing, and in shared construction. Moreover, you can use the certificate to pay off the mortgage. But in all these cases, except for a loan, you will have to wait 3 years from the date of the birth of the child. Besides, Almost all such real estate transactions have the following features:

  • The Pension Fund necessarily participates in the sale;
  • Children receive ownership of the acquired property;
  • Parents receive permission from the guardianship and guardianship authorities to dispose of the child's shares.

Any housing purchased using maternity capital will be conditionally encumbered. But the main difference between such transactions is the presence of one more participant in them.

Info

In addition to the seller and the buyer, the Pension Fund of the Russian Federation acts as a party to the agreement. It is this department that transfers the funds for the transaction. In this regard, the fund checks the purchase and sale agreement with particular care and often delays the transfer of the required amount. In addition, some parents simply ignore the requirement of the law to allocate a share for each family member, which also leads to unpleasant consequences for the parties to the transaction.

Sale procedure

Selling or buying an apartment using maternity family capital includes many important points that require more detailed consideration. In this regard, pay attention to all existing real estate encumbrances, as well as other terms of the transaction. So, to make a deal with budgetary funds without hindrance, you need to:

  • Choose an apartment that meets the requirements of the whole family;
  • Negotiate the terms of the deal with the seller;
  • Draw up an acceptance certificate;
  • Register the transfer of ownership in Rosreestr;
  • Submit an application to the Pension Fund and provide details for the transfer of funds;
  • Transfer the required amount to the seller's account.

The application itself for the disposal of budgetary funds is considered by the fund up to 30 days. Once the applicant receives approval, he will need another 1 month to complete the transaction. That is why the main difficulty of the transaction is the search for a seller who is ready to wait 2 months before transferring funds for an apartment. In addition, immediately after transferring the entire required amount to the seller, you will have to remove all encumbrances imposed on the property at the Registration Chamber before the conclusion of the contract.

If you suddenly need to sell an apartment purchased with maternity capital, you can do this only if the following nuances are observed:

  • Living conditions in a new apartment must match the previous one or be better;
  • Children should receive equal shares or receive monetary compensation;
  • If the apartment is in a mortgage, you should get the consent of the bank to sell.

Info

Social payments such as MSCs are designed, first of all, to secure the rights of the child. After the conclusion of the transaction, he must immediately receive his legal share in the purchased apartment. From this restriction it follows that it will not be possible to purchase real estate from close relatives - then the transaction will be recognized as illegal.

Sample of filling out a document

As with any real estate transaction, when buying an apartment at the expense of maternity capital, you need to draw up a special agreement - a document with a rather arbitrary structure and free form. You can make it without special legal knowledge. But the legislation puts forward several mandatory requirements for the execution of this document, so approach this procedure with special attention. So, The sales contract must contain the following items:

  • header. Here you need to write the full name of the document - “Agreement for the sale of residential premises acquired using maternity (family) capital”. Then indicate the place and date of its compilation;
  • Information part. This part contains information about the participants in the transaction - full name, place of residence and their passport data. Also describe the apartment itself: indicate its address, total area, number of rooms and other important information. Do not forget to write down its exact price, as well as the period during which the buyer undertakes to transfer the funds. At the same time, mark the part of the amount that will be paid at the expense of maternity capital. Then write down the rights and obligations of the parties to the transaction;
  • Conclusion. Specify the number of copies of the contract. List all documents attached to the contract of sale.
As an additional item, you can enter information about who bears all the material costs of concluding the contract. Usually, all expenses are borne by the buyer, but at the mutual desire of the parties, the seller can also be indicated. Also note that the responsibility to the Pension Fund lies with the owner of the maternity capital.

It is recommended to draw up an agreement in three copies at once, one of which must be kept in the archives of Rosreestr, and the other two - with the buyer and seller of the apartment. Please note that each document must be certified by the seal of the registration service, as well as the signature of its employee. All copies have the same legal force.

List of additional documents

To draw up an agreement on the sale of housing, you need to collect a lot of documents related to the agreement. Although this list is not very different from the standard set of papers, prepare them just as carefully. The following documents must be attached to the sales contract:

  • Passports of the parties to the transaction;
  • Certificate for maternity capital;
  • Certificate from the Pension Fund on the balance of funds;
  • Birth certificates of children;
  • Agreement on the distribution of shares in maternity capital, certified by a notary;
  • Mortgage lending agreement (if the apartment is encumbered);
  • Bank reference on the details of the seller's set;
  • Bank account statement;
  • Receipt of receipt of funds;
  • Receipt for payment of state duty.

All of the above documents are transferred to Rosreestr for subsequent registration of the transaction. Do not forget to pay the state duty - a mandatory state fee for the provision of registration services. Its size and payment procedure, as a rule, raises the most questions from property owners. Please note that for individuals, its cost is 2000 rubles. As for the payment method, it can be made at any banking organization or online - just go to the State Services portal and select the appropriate tab. Check the payment details directly at the Rosreestr branch.

If you plan to use the mother's capital when buying an apartment, you will need to draw up an agreement, register with Rosreestr and obtain permission from the Pension Fund of the Russian Federation.

The contract is drawn up and certified in a notary's office. This is not mandatory, but this is the only way you can be sure that the transaction is completed correctly. You can consult and get the necessary advice from a professional lawyer or organizations that provide such services.

More information about the maternity capital program, the duration of this state program, annual indexation of funds can be found in our .

How to draw up a contract?

In a normal sale and purchase transaction, only two parties are involved: the owner of the apartment and the buyer. If mother capital is used when buying real estate, then not two, but three parties are already involved in the transaction: the owner of the house, the buyer and the Pension Fund. This is the main feature of the contract of sale using mother capital.

The document is drawn up and certified on paper. If the share is issued for a minor, the parents act on his behalf. A citizen over the age of fourteen independently puts his signature, but with the approval of the holders of parental rights.

In a normal transaction, in the event of financial problems, the seller has the right to stop the sale. If the purchase and sale is made with the participation of mother capital, this can only be done through the courts.

Documents for registration of the transaction

To draw up an agreement, a set of papers should be provided to the notary's office, for each of the parties its own. For the owner of the apartment, acting as a seller:

  • an internal Russian document capable of proving the identity of the seller (passport);
  • a document that confirms the right to property (extract from the register, etc.);
  • information about the bank account to which funds from the family capital will be received.

For buyers:

  • identity documents of all persons on whom the shares of the apartment will be issued (passports of the mother, father, child over fourteen years old, as well as certificates of minors);
  • maternal certificate.
  • if the apartment is bought under a mortgage, it is necessary to provide a loan agreement with the bank.

If the transaction is executed by the husband, the consent of the owner of the certificate is required. The document is certified by a notary. According to the law, only the person in whose name the certificate was issued (most often the mother) can dispose of family capital.

Distribution of shares

Ownership of residential property should be distributed to all family members: mother, father, all children. This can be done in two ways:

  1. Distribute and issue shares immediately when buying a house.
  2. Take ownership of one person. But within 6 months, without fail, the shares must be distributed among all members of the family.

The first option is more profitable, since in the second case the family will have to spend money on registration or notarization of additional papers. The mother, who has registered ownership of herself, must draw up an obligation in a notary's office. Further, Rosreestr imposes an encumbrance on real estate. To remove it, you will have to contact Rosreestr again.

If the distribution obligation is not fulfilled, the Pension Fund of the Russian Federation may revoke the certificate and cancel the purchase and sale transaction.

Payment

Buyers can pay the seller in the following ways:

  • completely at the expense of mother capital;
  • part in cash, the balance is covered by maternity capital;
  • partially matkapitalom, the rest of the mortgage.

In 2018, the amount of state assistance is 453,026 rubles. This amount can be used to buy an apartment. But, if in 2016, 2017 and 2018 small payments were made from mother capital, the amount may be less. Therefore, be sure to specify in advance how much money you have at your disposal.

A private house is bought together with a land plot. But maternity capital cannot be used to pay for the land.

A written agreement between the seller and the buyer of residential real estate must contain the following information:

  1. The name of the contract, when and where it was drawn up.
  2. Information about the seller and the buyer. The data must be recorded exactly as in the identity documents.
  3. Information about the acquired object. Check that real estate information is recorded in the same way as in cadastral and technical documents.
  4. Full details of the document that confirms the seller's ownership of real estate.
  5. The cost of an apartment or house. It is recorded only in the national currency - rubles.
  6. Information on how and when payment will be made. Since part of the amount will be transferred by the Pension Fund, the data of the branch of the state organization (settlement data) must be indicated in the contract.
  7. Assurance that the real estate is not under an encumbrance that prevents the transfer of ownership rights to a third party.
  8. Information on how the costs will be distributed between the seller and the buyer for property registration.
  9. How will the registration of rights to housing be carried out.
  10. How will the contract enter into force?
  11. At the bottom of the document, the details of the seller and buyer, as well as their autographs, are affixed.

How to correct a mistake made in the contract?

The contract is mandatory checked by employees of the Pension Fund of the Russian Federation. Therefore, when drawing up a written agreement, it is important to check that there are no errors in the document. For example, if the numbering of paragraphs is knocked down, the contract will not be accepted.

Table. How to correct a mistake in a written agreement?

Registration in Rosreestr

The seller receives money for the apartment only three months after the documents are submitted to the fund. During this period, apartment owners need protection from fraud. To this end, Rosreestr imposes a ban on the disposal of real estate. The contract must be transferred to Rosreestr. The registration procedure will be completed within three days. If the document was drawn up without the participation of a notary, the process will take longer - five days.

Documents in the Pension Fund of the Russian Federation

After registering with Rosreestr, you should contact the Pension Fund. In order to obtain permission from him to complete the transaction, both the seller of the apartment and the buyer must provide a set of certificates and documents to the territorial office. Each participant has his own list of papers. If at least one document is not provided, permission to use the certificate will be denied. If the mother's capital funds cover the cost of the apartment, one of the following documents must be brought to the Pension Fund of the Russian Federation:

  • from the seller a receipt certified in a notary's office on receipt of the remaining amount of money;
  • from the buyer a receipt certified by a notary public on the assumption of an obligation to pay the remaining amount within the specified time frame.

For the property owner

For its part, the owner of the property is obliged to provide the following papers:

  1. Certificate from a banking institution on opening an account. It must be in the name of the property owner. If the account is registered to another person, even a close relative, the Pension Fund of the Russian Federation will issue a refusal.
  2. An extract issued by a banking institution, which contains information about the status of a personal account and the movement of funds.
  3. The money from the mother's capital goes to the account of the seller of real estate, not the buyer. And only after a thorough check. This is done to avoid fraud and cashing out.

For the buyer

The owner of the parent certificate should prepare the following papers:

  1. A notarized undertaking that the ownership of the property will be distributed to all members of the family.
  2. Mother certificate.
  3. Certificate from the Pension Fund of the Russian Federation on the amount left from the mother's capital. Such a document can be obtained both in the department of the Pension Fund of the Russian Federation, and in the MFC.

Refusal

The most common reason why the Pension Fund of the Russian Federation refuses to use mother capital is that some document is not provided or it is not drawn up properly. The rules for paperwork are described in Decree of the Russian Government No. 862 of December 12, two thousand and seven.

Also, representatives of the Pension Fund can check the apartment purchased by the applicants. If it does not comply with the norms established by law, the issuance of funds will be refused. It is precisely because of the likelihood of refusal that many sellers of apartments try not to contact buyers who want to use mother capital. There is another reason: the approval of the Pension Fund of the Russian Federation will have to wait for several months, and if a refusal comes, this time will be wasted. It should be noted that the risks for the owner are minimal. If a refusal comes from the fund, the property will remain the property of the seller.

Purchase Requirements

In order for the Pension Fund of the Russian Federation to approve the transaction, the house purchased for mother capital must meet certain requirements. It is necessary to choose housing suitable for permanent residence of a family with children. The requirements are the following:

  • availability of serviceable heating and water supply systems;
  • whole roof;
  • house depreciation is no more than 50 percent;
  • the house should not be located too far from schools, hospitals and other infrastructure necessary for the life of a modern person.

Is it possible to buy part of the apartment on matkapital?

By law, you can purchase not only an apartment or a house, but also a part of the living space, for example, a room. But for this, two conditions must be met:

  1. Firstly, it should be a separate room suitable for family life. The passage room is not good.
  2. Secondly, in the future, housing may completely become the property of buyers.

Can I sell a house bought with maternity capital?

In the regulations of our country there is no ban on the sale of real estate acquired with the participation of family capital. But it will be more difficult to sell such an apartment, because the property is registered in the name of all family members, including minors. This means that consent to the sale will have to be obtained from a state institution that monitors the observance of the rights of citizens under the age of eighteen - in the guardianship authority.

To get the approval of officials, you need to provide an impressive set of papers:

  • domestic Russian documents proving the identity of the holders of parental rights;
  • documents confirming the birth of children under the age of fourteen;
  • documents confirming the identity of children over fourteen years of age;
  • documents proving ownership of real estate;
  • sales contract;
  • if the family has children over the age of fourteen, their consent will be required to sell the house;
  • documents for residential real estate that is planned to be bought;
  • a contract concluded with the seller of a new apartment on the purchase and sale.

If at least one of the above documents cannot be provided by the parents, the request will not be considered.

Video - Features of drawing up a contract of sale using mother capital