Sale of houses purchased with maternity capital

Buying and selling using maternity capital is a legal way to improve the living conditions of a family with two or more children. Maternity (family) capital (MSC) can be spent on purchasing an apartment or private house, and during their subsequent sale the interests of minor citizens must be respected.

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How can you sell a house bought with maternity capital?

Families who have received an MSK certificate from the Pension Fund of the Russian Federation (PFR) can decide to purchase a private home on the secondary real estate market.

Is it possible to sell such a house over time, since maternal capital funds are allocated by the state for clearly defined purposes - improving the living conditions of adult family members, as well as all minor children?

The possibility of selling a house purchased with maternity capital is permitted by law, however, certain formalities and nuances will need to be observed.

First of all, the procedure for selling a house purchased with maternity capital will depend on the conditions of its initial acquisition:

• citizens can register a house purchased at the expense of maternal capital as the property of all family members immediately, including registration of rights to each child;
• It is allowed to purchase a private house only as the property of the parents, but they are required to provide the Pension Fund of Russia (site http://www.pfrf.ru ) with a notarial undertaking on the subsequent allocation of shares for each child.
• in the case where the participants in the real estate shares are minor children, the procedure for completing the transaction will be possible after obtaining permission from the guardianship and trusteeship authorities (TCA).

If citizens register an obligation with a notary, they guarantee the state, represented by the Pension Fund of Russia, that within six months they will re-register housing rights with the allocation of shares to children.

A notarial obligation is not an encumbrance of the right, but it allows you to monitor the observance of the interests of children.

If the obligation is not fulfilled, the institution of the Pension Fund of the Russian Federation may, in court, obtain the distribution of shares in favor of the child or oblige the parents to return maternity capital funds.

Legislation of the Russian Federation

To register ownership of residential premises purchased using maternity capital, you must comply with the following legislative acts:

• Federal Law No. 256-FZ;
• Civil Code of the Russian Federation;
• Federal Law No. 218-FZ.

In order to sell a residential building purchased with maternity capital and registered as the property of all family members, you need to obtain official permission from the AOiP at the place of residence of the children.

If the housing was purchased only for the parents, the terms of the notarial obligation require obtaining not only permission from the guardianship authority, but also notifying the Pension Fund of Russia.

Conditions for the sale of a house purchased with maternity capital

Housing purchased with maternity capital funds becomes the property of citizens from the moment of registration of rights with the Rosreestr institution.

The conditions for the allocation of maternity capital funds provide that the seller will receive the funds due for the house no later than two months after the purchase and sale transaction is completed (this time is provided to the Pension Fund of Russia department to verify the documents).

For this period, the encumbrance is registered at the Rosreestr institution until the seller receives the capital funds.

The sale of a house purchased with maternal capital until the seller receives the funds will be impossible due to the presence of an encumbrance. From the moment the funds are transferred to MSC, the encumbrance will be lifted and the residential building can be disposed of legally.

Since the maternity capital program is also aimed at protecting the housing rights of children, parents will not be allowed to sell the house without the written permission of the guardianship authority.

You can receive such a document only if the parents buy their children another apartment, house or part of the house to replace the living space purchased with maternity capital money.

Step-by-step instructions for selling

Based on the need to coordinate the sale of housing purchased with maternal (family) capital, the parents’ actions when making a transaction can be presented in the form of step-by-step instructions:

• searching for a potential buyer;
• searching for residential premises that will be simultaneously purchased to respect the interests of the children (such housing should be equivalent in size and amenities to the house being sold);
• preparation of draft agreements for both transactions;
• submission of all documents for verification to the territorial guardianship authority;
• checking the general documentation and conditions of housing for a newly acquired property;
• registration of consent of the guardianship authority and the head of local authorities;
• conducting transactions and registering rights in the Rosreestr institution;
• submission to the guardianship authority of documents confirming the registration of rights to real estate in favor of children.

If, during the sale of maternal capital, a notarial undertaking was issued instead of registering the ownership of children, in addition to approving the sale in the AOiP, it is necessary to notify the Pension Fund department.

How to obtain permission from the guardianship authorities

Consent to sell the house will be issued by the guardianship authorities upon a written request from the parents of minor citizens.

In order for parents to obtain consent to sell real estate, they must submit the following documents to the guardianship authority:

• a statement from the parents indicating the reason for the appeal and information about the composition of the family;
• title documents for an individual house (certificate, extract from the Unified State Register of Real Estate);
• Marriage certificate;
• documents for each child (certificates or passports);
• draft contracts for both transactions, as well as documentation for the purchased residential premises.

After receiving the documents, OAIP officials will check whether the interests of the children are met when selling the house.

In addition to a personal meeting with all family members, guardianship staff conduct an analysis of the submitted documentation, as well as an actual examination of the purchased property.

At the verification stage, guardianship officers will check the following circumstances:

• the size of the share that the child will receive when purchasing a new home should not be less than the share acquired from MSC funds;
• the size of living space in a new apartment or house should not be less than the previously occupied living space;
• living conditions and amenities cannot be worse than in the previously occupied house, and must also comply with legal standards and regulations.

If the parents have complied with and confirmed all these requirements, the guardianship authorities issue permission to formalize the sale of the house in the form of a resolution of the local head.

This document will indicate the period during which the property must be registered in the name of the child. If this requirement is violated, the consent of the guardianship authority for the sale of real estate may be canceled, and the transaction may be declared invalid.

Procedure for selling a house

After obtaining the consent of the guardianship authority, the sale of residential real estate is permitted on a general basis. To do this, parents will have to simultaneously carry out both transactions and register the rights to the newly acquired object.

As a rule, permission from the guardianship authority is issued for a period of two to six months; it is during this period of time that parents must have time to sell the house purchased with maternity capital and register rights to new housing.

Registration of transactions will be carried out according to the rules regulated by Federal Law No. 218-FZ. After registration actions regarding the sale of a house, an extract from the Unified State Register of Real Estate with confirmation of ownership of each child must be submitted to the guardianship authorities.

Required package of documents

In order to legally register the sale of a house purchased with MSK funds, the following package of documents must be submitted to the Rosreestr office:

• statement from the owners and the buyer;
• title documents for an individual house and the land plot underneath it;
• general passports and birth certificates;
• purchase and sale agreement signed by all parties to the transaction;
• permission from the guardianship authority, approved by a resolution of the authority;
• payment document confirming payment of the state duty.

Documents can be submitted directly to the Rosreestr institution or through the MFC. Review of documentation is carried out within 5 to 12 days, depending on the chosen option for applying.

Based on the results of registration actions, the parties will receive extracts from the USRN register confirming the transfer of ownership.

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