Mortgage for husband using maternity capital

According to statistics, a mortgage is issued to a man, and this is not surprising, since his income is usually higher than that of a woman, and the bank is more loyal to him as a borrower. What does the law say? Is it possible to pay off a mortgage with maternity capital (MC) if it is registered in the name of the husband? More details below

What is MK?

These are funds issued to families raising two or more children ; their amount in 2021 is 453,026 rubles. This money cannot be spent on household and other needs. The legislation clearly establishes the scope of application of maternity capital:

home purchase;
mother's pension savings;
children's education.

The use of maternity capital funds is possible when a child reaches the age of three, with the exception of cases when paying off a mortgage.

Previously, using this payment to pay off a loan debt was prohibited if it was registered in the name of another person and not the mother. As you know, it is she and no one else who is responsible for these finances (with the exception of cases with single fathers). But the Government of the Russian Federation has made changes, according to them, the Pension Fund does not require documents confirming ownership of real estate.

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Is it possible to issue a certificate for children born from different fathers?

This issue is especially relevant for women who have given birth to children from different men.
Do not forget that the right to receive state assistance arises after the birth of a second child, and it does not matter whether he was born from the same father or from different ones. Read also: Termination of a marriage contract

Another important point is different. Please remember that the certificate is issued only once. In other words, if in her first marriage a woman gave birth to two children and took advantage of the program, and then gave birth to two more, she does not have a second right in her second marriage.

It can also be understood that if former spouses have one common child and the appearance of a second one, now in different families, the rights do not apply equally. Accordingly, a mother who gave birth to a second child from another man is entitled to receive a certificate. If a second child was born to a man, then this opportunity is not assigned to him. The exception is if the first child is in his care and the mother is deprived of legal rights or has died.

Conditions for repaying a mortgage with maternity capital

In accordance with Art. 210 FZ-256, money can be used to improve housing conditions (repairs, purchase of housing, construction of a house). But as you know, the payment is not enough to purchase real estate, so many families make these funds as a first payment to the bank for a mortgage. And the current article does not prohibit this.

According to the Government Decree of January 13, 2009 , part of the mortgage can be repaid with maternal capital even if it is registered in the name of a spouse.

In this case, the following conditions apply:

the transaction is carried out officially (by signing a written agreement with the bank);
mortgage , which is planned to be partially repaid with maternity capital, improves the living conditions of the entire family and children in particular;
the property is registered in the name of all family members, including minor children;
the property is located within the territorial borders of Russia (these conditions do not apply to housing abroad).

In addition to the fact that real estate must be located in the Russian Federation, the following requirements apply to it:

corresponds to the type of construction - residential premises suitable for year-round use;
the area per person registered on the territory of the property ranges from 18 m2 or more ;
housing in good condition , suitable for safe living (assessed in accordance with sanitary and fire safety standards);
communications have been carried out (gas, electricity, water, heating, sewerage are present).

Particular attention is paid to the clause regarding the improvement of living conditions. That is, if the purchased housing is worse than the existing one, repayment of the mortgage may be refused.

What do you need to pay off a loan using matkapital?

When considering the possibility of repaying a mortgage with maternal capital, it should be taken into account that for the successful implementation of the plan, it is necessary that both the borrower himself and the property meet certain requirements imposed by both the bank and the Pension Fund. Let's look at them separately.

Current offers:

It should be noted that in order to be able to spend MSC on improving living conditions, the owner of the living space - in this case the husband - must give a notarized obligation to allocate a share in the apartment to the children. After the encumbrance is lifted, he must fulfill his obligation, otherwise he may be subject to administrative or criminal liability.

Maternity capital is often the only opportunity for a young family with average income to get their own home. It is much better to live in your own apartment and pay monthly the same amount that the family would pay for renting someone else’s apartment. As a result, after 15 years, the family that took out the mortgage will receive their own housing, and the family that rents the apartment will continue to live on someone else’s territory.

If you plan to apply for maternity capital as a down payment on a mortgage, then you need to select a lending program and submit an application (in this case, the Pension Fund may require, in addition to other documents, a copy of the loan agreement and a state-registered mortgage loan agreement).

Mortgage conditions for maternity capital

Mat capital can be spent on monthly mortgage payments or to pay interest on it. You can use the certificate to pay only the amount of money charged for payment.
If, as a result of delay, the bank has imposed penalties, then it is impossible to repay them with mat capital funds; you can only use cash.
If the mortgage was taken out by the father of the children, and the mat certificate was received in the name of their mother, then the funds from it can in any case be used to pay off the mortgage. The main thing is that the whole family is registered in the apartment, room or house, and the real estate itself must be located on the territory of the Russian Federation.

In the above example, after repaying the mortgage loan, all family members should become owners of shares in the ownership of the apartment, but not ¼ of the share. And this is the key point. The share of the wife and children should be calculated on the basis of ¼ share of X, where X is the share of the apartment purchased with maternity capital. This norm is reflected in the review of the Judicial practice of the Supreme Court of the Russian Federation. In practice, a different situation most often occurs when the share of maternal capital in the purchase price is a ridiculous 5–10%, and the share of children in the ownership of this apartment is 50%.

How to pay off a mortgage issued to my husband?

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Everything is very simple, we go to the Pension Fund at the place of registration, present a certain set of documents, and write an application asking for permission to use the maternity capital for its intended purpose.

By the way, it is not necessary to wait until the child’s third birthday, since the possibility of improving living conditions is the only exception to the generally accepted rules regarding the use of money.

Thus, if necessary, you can use funds from the state benefit immediately after it is accrued. However, it is important to adhere to a number of requirements:

the bank accepts state aid, as specified in the agreement (they encourage repayment with maternity capital when applying for a mortgage at VTB 24, Sberbank and many other financial institutions);
the borrower has a positive credit history and has no loan debts;
the transaction is registered in Rosreestr.

You can submit an application to the Pension Fund through the State Services portal or by phone.

Typically, the application is submitted 2 or 3 weeks before the expected repayment. This period is usually enough to collect the required package of documents and notarize the division of shares between all children.

Please note that no more than six months are allocated to fulfill obligations. Otherwise, the purchase and sale transaction will not take place, the maternity capital certificate will be canceled, and the parents may be prosecuted for fraud.

After presenting a package of documents, an application for disposal of maternity capital is completed. The verification takes from 1 week to a month. Next, the applicant is issued a certificate, which must be presented at the bank where the mortgage is being issued or has already been issued.

Can a stepfather apply for regional and state maternity capital?

Maternity capital, in the presence of one of the grounds specified in the law, can only be received by a legal parent. This could be the natural father, a citizen who has recognized paternity. Also, this right is automatically acquired by the adoptive parent, who is endowed with all the rights of a father.

For reference!

Any questions regarding marriage: how a marriage contract, adoption, alimony and child benefits are drawn up, can be resolved by a qualified lawyer. You can get his advice on our website.

This is important to know: How long will maternity capital be paid when buying an apartment?

If the maternity capital certificate was issued before the marriage

If the second child is born from the first marriage, then a certificate for maternity capital is issued before the marriage with the second spouse. Is it possible to pay part of his mortgage with state benefits in this case?

Yes, it's quite possible. But to complete the transaction, the husband must register all of his wife’s children in the apartment purchased under the mortgage lending program. After the encumbrance on the property is removed, each child must be allocated an appropriate share. As for the spouse herself, she does not claim part of the property. But he has the right to live with his children in the event of a divorce until they reach adulthood. The fact is that maternity capital is issued to provide for children, therefore all transactions related to it are carried out exclusively in their interests.

Please note that Mr. the payment does not apply to the payment of fines, penalties and fees for late mortgage payments.

Is it allowed to receive MK if parents live in an unregistered marriage?

The law also does not provide for a situation in which a common-law husband can apply for a certificate.
An exception can only occur in the situations described earlier. An equally important point is that the allocation of a share in an apartment purchased with capital funds is made not just in favor of the parents, but exclusively for the legal spouses. What does this mean for spouses living in a civil marriage? If living space is purchased with funds allocated as a state subsidy, then the shares will be allocated only to the children and mother. In such a situation, we can only recommend consolidating legal marriage relations before registering the right to property.

Mortgage repayment scheme

We proceed as follows:

We receive a certificate from the Pension Fund.
We submit an application to the Pension Fund for the disposal of state benefit funds.
We present a document confirming that the loan was issued.
We present a certificate authorizing the transaction to the banking institution where we received the money.
Register the transaction in Rosreestr.

The stage of registering a transaction is a prerequisite.

Package of documents

To repay the mortgage you will need the following documents:

wife's passport;
maternity capital certificate;
marriage certificate with the spouse for whom the mortgage is issued;
certificate of the balance of the mortgage debt;
children's birth certificates;
a written commitment to allocate shares to children;
mortgage agreement and other lending documents;
application for disposal of maternity capital funds.

To write an application, you should take a form from the Pension Fund. There you can also find a sample of how to fill it out.

The application must include the following information:

purposes for using funds;
SNILS number;
the amount you plan to spend;
account number where the funds will be transferred and other information.

sample application for disposal of maternity capital funds.

Get a loan certificate from the bank

If you received the certificate in another city or region, you can go there yourself or give a power of attorney so that the package of documents will be handed over for you at the place where the certificate was issued. As an option, you can first transfer the subsidy funds to your new place of residence (this will take about 1 month), and then contact the Pension Fund. In this case, you will need to make sure that the documents are not expired at the time of application. Otherwise you will have to receive and pay for them again.

Wait for a response from the Pension Fund

If you have the right to maternity capital before you took out a mortgage, you can partially or fully pay the down payment for the mortgage with a government subsidy. The law does not provide for any restrictions and conditions to necessarily report some of your own money, but banks lend only to those borrowers who have their own savings for a down payment - this is a requirement of lending programs. Therefore, it is better to collect and add 5-10% of the cost of the apartment to maternity capital funds.

May 01, 2021 vektorurist 71

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Reasons for refusal

If the transaction does not lead to improved living conditions or is contrary to legal regulations, repayment may be refused.

The reasons are as follows:

deprivation of parental rights or other restrictions that impede the ability to use the capital;
housing purchased with a mortgage is dilapidated or in disrepair (this rarely happens, since banks usually do not issue loans for the purchase of such real estate);
non-residential building;
a lien has been placed on the housing ;
real estate was purchased from close relatives (in the future they may challenge the children’s rights to housing);
lack of documents.

Don't think it's easy to deceive the government. Funds spent from maternity capital are strictly controlled by law. Therefore, they will be allowed to be used only if all established requirements are met.

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How to apply

How can a father get maternity capital? It is issued in a standard manner. To do this, you need to contact the Pension Fund at your place of residence in one of the following ways:

personally;
through an individual account on the Pension Fund portal;
through the MFC;
using the State Services website.

You can find out the addresses of the nearest PFR branch on the official website in the “Contacts” section. To avoid waiting for your turn, you can make an appointment in advance. This can be done through an individual account on the Public Services portal or the Pension Fund website.

Using the MFC does not require a prior appointment. All you have to do is go to any branch (the address and opening hours are posted on the official website of the MFC), take a coupon and wait for your turn.

To contact the Pension Fund through the Public Services portal, you must obtain a verified account. This can be done after filling out the registration information. Next, they submit the request and confirm their identity in any MFC, on the Post Bank or Raiffeisen Bank portals for the owners of their banking products, in the offices of the Russian Post, by clicking the “Send letter” button.

After receiving a confirmed appointment, you must select the “Family and Children” section in the general catalog of services. Find and fill out the application there. After verification, the citizen will be invited to the fund to submit original documents.

You will also need a State Services account to log into your personal account on the Pension Fund website. After logging in, you need to find the “MSK” section on the main page and select. Further, the procedure does not differ from similar manipulations when working through the Public Services portal.

In all cases, to obtain maternity capital for the father, you will need to submit the following package of documents:

statement;
confirmation of identity with registration in the country;
statements about the birth of babies;
SNILS;
confirmation of the mother’s death in the event of her death;
decision of the judicial authorities on deprivation of parental rights;
decision of the judicial authorities on deprivation of rights to adoption.

A sample and application form can be found on the official website. It requires filling out the following items:

the status of the person submitting the application (in this case the “father” is indicated);
FULL NAME.;
floor;
SNILS;
Date of Birth;
Place of Birth;
citizenship;
address of the actual residence;
place of residence;
passport data (series, number, by whom and when issued);
Contact Information;
Full name, date of birth, gender, place of birth, citizenship of the baby;
whether there are family ties with the recipient or the baby is adopted;
data on the birth certificate (series, number, by whom and when issued);
whether the certificate was previously issued;
whether the applicant was deprived of his rights;
whether the applicant committed crimes against his children;
confirmation of responsibility for the accuracy of the completed information;
procedure for providing a certificate (in paper or electronic form).

When choosing the option to provide a certificate, you must keep in mind that the certificate in electronic form is not accepted by government or banking institutions. To be able to implement it, it is better to immediately request a document on paper.

After the transfer of a set of documents by the Fund’s employees, a decision is made to provide capital or to refuse to issue it. A refusal may be issued for one of the following reasons:

the application was completed incorrectly;
not the entire set of documents has been submitted;
the applicant does not have rights to receive;
false information provided;
the documentation was transferred by an authorized person without the right to do so in accordance with a notarized power of attorney.

An unjustified refusal can be appealed through the courts. If a positive decision is made, the citizen is given a document drawn up on official letterhead containing the following information:

Name;
series;
number;
FULL NAME. recipient;
recipient's passport details;
amount of available funds;
name of the authority that issued the issuance;
date and number of the decision to provide;
certificate date;
signature of the head of the territorial unit;
seal.

The father of the child can receive maternity capital at any time after the birth of the baby. The same applies to the use of available funds. At the legislative level, the implementation period is unlimited.