Purchase and sale agreement with payment by maternity capital. Correct execution of a purchase and sale agreement using maternity capital. Is it possible to sell a house purchased using maternal capital?

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

So, once the child for whom the certificate was issued reaches 3 years of age, it is possible to conclude an agreement for the purchase and sale of an apartment using maternity capital. A sample of this agreement is available for download below.

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

You may also find other examples of real estate purchase and sale agreements useful: apartments -, shares in an apartment -, non-residential building -, house with land -.

What can you spend maternity capital on?

Agreement for the purchase and sale of an apartment using maternity capital. Sample filling

The contract form must contain:

• the total amount of the purchase and sale transaction;
• the subject of the apartment purchase and sale agreement must specify the object of the agreement, that is, indicate such characteristics of the apartment as 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 deadline for its transfer;
• the amount of maternity capital funds transferred by the Pension Fund to the seller’s account;
• bank details where the seller has an account;
• seller's personal account number.

It is necessary to draw up a deed of transfer for the agreement, stitched together with the agreement and which is signed by the parties to the transaction for the purchase and sale of an apartment using maternity capital. If the apartment belongs to sellers on the basis of shared ownership, then the number of sellers must match the number of shares.

All family members must be indicated as buyers in the contract, that is, all children (including adults) and spouses who are in a marriage registered by the registry office. If minor buyers participate in the transaction, 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 an apartment purchase and sale agreement

A properly executed agreement for the purchase and sale of an apartment is subject to state registration. To do this, you should contact the Federal Reserve Office with the appropriate package of documents. Based on the results of the registration procedure, the new owner of the apartment will be issued a certificate confirming ownership of the purchased housing. At the same time, in accordance with the law, the acquired real estate 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 Pension Fund of Russia

After the contract for the purchase of an apartment has been registered, you must contact the Pension Fund office, where a statement must be written with a mandatory indication of the purpose for which the certificated maternity capital funds will be allocated.

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 available);
• real estate purchase and sale agreement with 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 specify the amount that the buyer owes the seller according to the purchase and sale agreement. The amount of debt is indicated within the maternity capital certificate.

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

The purchase and sale of 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 the purchase and sale with maternity capital formalized?

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 using the family's own funds. The applicant provides the RF Pension Fund with documents confirming the conclusion of the purchase and sale transaction 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 purchased apartment as the joint property of all family members. This is done either immediately upon signing the purchase and sale agreement, or subsequently, 6 months after repayment of all debts to the bank. But in this case, the owner of the certificate must provide the Pension Fund of the Russian Federation with an obligation certified by a notary to divide the property among all family members.

In our opinion, it is more logical and less expensive to formalize the division at the stage of the transaction. Firstly, you will not have to go through additional authorities to obtain new certificates of ownership, and secondly, there will be no need to pay state fees, in addition to those required for 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 husband (father of the children) or the prosecutor's office has the right to file a lawsuit to compel her to perform this action.

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

• the loan agreement must indicate its intended purpose - the purchase of housing;
• there should be no co-borrowers other than spouses on the mortgage;
• 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 maternity capital managed to prove that they were right and the Pension Fund of the Russian Federation paid out the funds. For example, a family bought part of a house that was adjacent to their own home. The fund refused to pay, but the court decided that such a purchase expands the area for family living and, accordingly, the transaction does not contradict the requirements of the law on improving living conditions.

Mother and son voluntarily renounced their share in the common property in favor of their young children; The court ordered the RF Pension Fund to pay maternity capital funds. Or another situation: the mother bought 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. How in this case is the ownership of the purchased apartment formalized? Should the spouse be involved in this? The Pension Fund of the Russian Federation refuses to transfer money if the owner is not the father of the children. However, if the divorce from the father occurred after the start of registration of the transfer of maternity capital funds, but before they were transferred, then the ex-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 purchasing an apartment and decided to contact the Pension Fund of the Russian Federation. Let's discuss once again that if real estate is purchased with the help of borrowed funds from the bank, then you can use maternity capital money. But if you use personal savings and certificate funds, you will have to wait until the youngest child turns 3 years old.

Making payments when buying a home using loan funds

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

1. Credit institution (bank). However, we are not talking about 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 maternal capital;
• statement;
• Marriage certificate;
• SNILS card;
• passport;
• loan agreement;
• a certificate from the borrower about the balance of cash payments;
• a copy of the certificate of ownership of the apartment or a copy of the agreement on shared 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 a certificate for maternal capital can use funds to repay several loans; their number is not limited by the legislator.

Making payments when buying a home using your own funds

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 reimburse the costs using the certificate funds. To do this, you need to collect the following documents:

• certificate for maternal capital;
• statement;
• passport;
• SNILS card;
• Marriage certificate;
• registered apartment purchase and sale agreement;
• certificate of ownership.

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

Sample agreement for the purchase and sale of real estate using maternity capital funds

There are quite a few examples of real estate purchase and sale agreements using maternal capital; the terms of the transaction vary depending on the specific situation. We recommend paying attention to the following points:

1. If the apartment is registered as shared ownership of all family members, then in the preamble of the agreement it is necessary to list all participants in the transaction, indicating their full name, date and place of birth, passport details, gender and registration address. Further, in the subject of the agreement, it is necessary to indicate: “The Seller undertakes to transfer the apartment into common shared ownership to the Buyers in 1/3 share of each.”
2. We write down in detail all the information about the property being purchased: address, area, number of rooms, cadastral number, what right the seller has, etc. All this is necessary so that the subject of the transaction can be easily identified.
3. Cost of the contract. An indication of the total amount and payment procedure. It is in this paragraph that the parties stipulate 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 guarantees that the property is not encumbered, pledged, etc., that is, the apartment is “clean” and ready for sale. We also pay attention to this point because very often unscrupulous sellers “forget” about relatives who, for example, are in places not so remote and are listed as living space. But these same relatives remember this fact, and when the release date arrives, they appear on the doorstep of the home. 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 purchase and sale agreement was cancelled. Now the parties only need to register the transfer of ownership from the seller to the buyer.

What else is worth knowing?

The Pension Fund of the Russian Federation quite carefully checks all documents that are related to the execution of a purchase and sale transaction and the subsequent transfer of maternity capital funds. Therefore, we recommend that you carefully read all agreements. If an error is found in the contract, it must be corrected as quickly as possible. In the case where the transfer of ownership is registered, the parties have the opportunity to enter into an additional agreement to the contract.

Maternity capital cannot be used to pay off penalties or fines under the loan agreement; only the 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 purchase and sale transactions are concluded between close relatives. Let’s make a reservation right away, the law does not prohibit this; however, the Pension Fund of the Russian Federation 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 funds, the right of ownership is confirmed by a certificate, which can be spent on the purchase of housing. No questions arise in this part: a family that has received financial assistance from the state has the right to purchase an apartment or house, partially or fully paying for it with a certificate. In practice, not everyone understands how to correctly and competently draw up a purchase and sale agreement with maternity capital.

Why draw up an agreement?

Since the maternal family capital program involves the use of two options for purchasing housing: a purchase and sale agreement for finished housing or a mortgage agreement with a bank, many encounter problems with implementation.

It is impossible to conclude a purchase and sale 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 with the bank, according to the terms of the loan.

Important: Payment with family capital funds when conducting a transaction through the Pension Fund takes several months. That is why private sellers are not always ready to enter into a purchase and sale with a family planning to use the certificate.

In addition, there are many nuances in the transaction.

Download for viewing and printing:

Deal Features

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

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

Documents for the seller

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

The main documents include:

1. a certificate from the bank in which an 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 (analogous to a copy of a savings book, which was canceled in 2015);
3. receipt of funds or notarized receipt of the obligation to pay the remaining funds by the buyer.

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

Important: The purchase and sale agreement specifies the amount that the buyer pays to the seller. If this amount does not coincide with 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 immediately, then the seller writes a receipt confirming receipt of funds, and if the difference is paid over a period of time, then an obligation to pay within the specified time frame.

Do you need information on this issue? and our lawyers will contact you shortly.

Documents for the buyer

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

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

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

An 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 as shared ownership for all family members: wife, husband, all children. Therefore, if the transaction is not carried out immediately for everyone, then within six months the division of ownership should occur into equal shares.

Important: If you fail to fulfill your obligation, the Pension Fund has the right to withdraw funds and cancel the transaction.

In this case, the buyer will bear all the costs that will have to be paid when re-issuing documents. In this case, the seller risks getting his real estate back six months later, as well as an obligation to reimburse the funds to the Pension Fund.

Seller risk

Because the seller runs the risk of having to make a refund when selling, legislation has protected such transactions. The seller of real estate has the right to challenge the refund, since he is not to blame for the 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, dimensions, cadastral number, etc.);
4. transaction amount (how much the seller’s property is actually sold for);
5. method of payment of funds under the agreement (in particular, the clause on payment of maternity capital funds, as well as the method of payment of the difference);
6. payment terms (for example, within six months from the date of conclusion of the contract);
7. buyer details (bank details where funds should be transferred).

Additionally, you can include a clause stating who bears all material costs for concluding the transaction. Typically, 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 failure to fulfill obligations to the Pension Fund are entirely borne by the owner of the capital, and not the seller.

Important: Since since 2013, the purchase and sale transaction has not been registered in Rosreestr, but only the transfer of ownership from one owner to another, it is considered unnecessary to include a clause on the payment of state duty. According to the 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 to conclude the transaction.
2. Draw up a purchase and sale agreement and related documents.
3. Submit a request to the Pension Fund for approval of the transaction (application for the disposal of capital funds).
4. Register the transfer of ownership from one person to another.
5. Make final payments under the contract.

If the Pension Fund does not approve the transaction, the buyer bears the costs. The seller must be prepared for the fact that funds will be credited to his current account no earlier than two to three months from the date of sale of the home. 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 working with government programs for non-cash payments for housing transactions is the Savings Bank of the Russian Federation (“Sberbank”). Therefore, if possible, it is better to open an account there.

Application for disposition

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

When applying you must have with you:

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

The application can be written either by the owner of the certificate personally or by his legal representative. Typically, the owner is the mother, so she is the one who fills out the application.

Download for viewing and printing: Important: A legal representative is understood as a proxy 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 plot of land for the construction of a residential building cannot be purchased with MSC funds if there are no residential premises on the site. In fact, an empty plot cannot be purchased, but a plot with a house, even if not in the best condition (for example, old, but with an acceptable percentage of wear and tear), can be purchased.

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

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

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

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

If you plan to use maternal capital when purchasing 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 agreement is drawn up and certified by a notary office. This is not necessary, 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 from organizations that provide similar services.

You can read more about the maternity capital program, the validity period of this state program, and the annual indexation of funds in our .

How to draw up an agreement?

In a typical purchase and sale transaction, there are only two parties involved: the owner of the apartment and the buyer. If maternity capital is used when purchasing real estate, then not two, but three parties take part in the transaction: the owner of the house, the buyer and the Pension Fund. This is the main feature of the purchase and sale agreement using maternal capital.

The document is drawn up and certified on paper. If the share is registered in the name of a minor, the parents act on his behalf. A citizen over fourteen years of age independently signs, but with the approval of the holders of parental rights.

In a normal transaction, if financial problems arise, the seller has the right to stop the sale. If the purchase and sale is carried out with the participation of mother capital, this can only be done through the court.

Documents for registration of the transaction

To draw up an agreement, you must provide a set of papers to the notary’s office, one for each party. For the apartment owner acting as a seller:

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

For buyers:

• identification documents of all persons on whom shares of the apartment will be registered (passports of mother, father, child over fourteen years old, as well as certificates of minors);
• maternal certificate.
• If an apartment is purchased with a mortgage, you must provide a loan agreement with the bank.

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

Distribution of shares

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

1. Distribute and register shares immediately when purchasing a house.
2. Register ownership for one person. But within 6 months, the shares must be distributed among all family members.

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 the property in her own name, must draw up an obligation at the notary's office. Next, Rosreestr places an encumbrance on the property. 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:

• entirely at the expense of maternal capital;
• part in cash, the rest is covered by maternity capital;
• partly with maternal capital, the rest with mortgage.

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

A private house is purchased along with a plot of land. But you cannot pay for land with maternity capital.

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

1. The name of the agreement, when and where it was drawn up.
2. Information about the seller and buyer. The data must be recorded exactly as in the identity documents.
3. Information about the purchased object. Check that information about the property is recorded in the same way as in cadastral and technical documents.
4. Full information about the document that confirms the seller’s ownership of real estate.
5. The cost of an apartment or house. Recorded only in 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 contract must indicate the details of the branch of the state organization (calculation data).
7. A certification that the real estate is not subject to an encumbrance that would prevent the transfer of ownership to a third party.
8. Information on how costs will be distributed between the seller and buyer for registering property.
9. How will registration of rights to living space take place?
10. In what order will the agreement come into force?
11. At the bottom of the document are the details of the seller and buyer, as well as their autographs.

How to correct a mistake made in the contract?

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

Table. How do I correct a mistake in a written agreement?

Registration in Rosreestr

The seller receives money for the apartment only three months after submitting documents to the fund. During this period, apartment owners need protection from fraud. For this purpose, Rosreestr imposes a ban on the disposal of real estate. The agreement must be submitted 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 maternity capital funds cover the cost of the apartment, you need to bring one of the following documents to the Pension Fund of the Russian Federation:

• from the seller a receipt certified by a notary office confirming receipt of the remaining amount of money;
• from the buyer a notarized receipt confirming the commitment to pay the remaining amount within the specified time frame.

For the property owner

For his part, the property owner is obliged to provide the following documents:

1. Certificate from a banking institution about opening an account. It must be registered in the name of the property owner. If the account is registered in the name of another person, even a close relative, the Pension Fund of the Russian Federation will refuse.
2. An extract issued by a banking institution that contains information about the status of a personal account and the movement of funds.
3. Money from maternal 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 fraudulent activities and cashing out.

For the buyer

The owner of the maternal certificate should prepare the following documents:

1. An undertaking certified by a notary that ownership of the property will be distributed to all members of the family.
2. Maternal certificate.
3. A certificate from the Pension Fund of the Russian Federation stating how much is left from the maternity capital. Such a document can be obtained both at the branch of the Pension Fund of the Russian Federation and at 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.

Representatives of the Pension Fund can also inspect the apartment purchased by applicants. If it does not comply with the standards established by law, the funds will be refused. It is precisely because of the likelihood of refusal that many apartment sellers try not to contact buyers who want to use maternal capital. There is another reason: the approval of the Pension Fund of the Russian Federation will have to wait 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 with maternal capital must meet certain requirements. It is necessary to choose housing suitable for permanent residence of a family with children. The requirements are as follows:

• availability of working heating and water supply systems;
• whole roof;
• the wear and tear of the house 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 purchase part of an apartment using capital?

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

1. Firstly, it must be a separate room suitable for family living. A walk-through room is not suitable.
2. Secondly, in the future, housing may completely become the property of buyers.

Is it possible to sell a house purchased using 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;
• purchase and sale 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 you plan to buy;
• a contract concluded with the seller of a new apartment for the purchase and sale.

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

Video - Features of drawing up a purchase and sale agreement using maternal capital