Return the mat Capital from Mortgage. Is it possible to return the maternity capital back to the pension fund? Cases when you can return maternity capital in the PFR

15.12.2020

How to get maternity capital in the pension fund, you probably know, almost all happy parents. Today we will consider an unusual situation when maternity capital has already received from the state has to return. How to return the maternity capital to the FIU - tells the lawyer of the site.

In all cases, when after the transfer of maternal capital from the Pension Fund, the transaction with his participation is broken, the contract is terminated and the money refund occurs. At the same time, the target is not achieved as indicated in the application for ordering.

Probably the most common case - when the maternity capital was aimed at improving housing conditions (at the expense of the initial contribution for an apartment in the house under construction, to repay interest on mortgage, etc.). The house did not surrender on time, and on the Family Council you decided to terminate the contract in equity construction. It turns out that you could not use the Matcher and your living conditions did not improve.

What is the complexity with the return of maternal capital?

The most important difficulty is that in law (FZ "on additional measures of state support for families with children)) the procedure for refund of mother's capital is not provided at all. Even on the official website of the Pension Fund emphasizes that the right to receive maternal (family) capital is provided only once. At the same time, you have a duty to target the money received. That is, not to return them at all or put on other needs you can not.

Due to the lack of a normal procedure for the return of the Matkapital, the risk and risk are accounted for. All options offered in this article we picked up, taking into account the existing judicial practice. We recommend in the controversial situation to further explore the judicial practice in our region and consult with a lawyer. Also be sure to contact the FIU compartment and specify the procedure for your actions. Perhaps the FIU has already come across such a situation and know how to act.

What are the ways of returning maternal capital back to the FIU?

The easiest option - if from the moment of submission of an application for the disposal of the Matkapapal, has not yet passed 2 months, and the Pension Fund has not yet managed to list the MSC funds to the goals you specified. In this case, you can write in the FIU a statement about the cancellation of your application about the disposal of the MSC (an example from the PFR website). Note that it is possible to cancel the statement of MSK on the repayment of the principal debt or percentage of housing loans within 1 month. The procedure for filing cancellations of cancellation is provided for by paragraphs.13-15 "Rules for submitting an application for the disposal of the funds (part of the funds) of the maternal (family) capital" (Order of the Ministry of Health and Social Development No. 779n dated December 26, 2008). With this option, you can submit a new application for the disposal at least immediately and even indicate in it some other purpose of spending MSK.
In the direction of maternal capital on the formation of the accumulative part of the mother's pension, you can refuse this option to use MSK until the day of the prescription pension. For this you need to submit a refusal application in the FIU.

If none of the above options do not seem to you, judicial practice suggests another 2 ways for MSK aimed at improving housing conditions.

1. Maternal capital returns to the FIU. You terminate the contract with the developer / seller of the apartment. He lists you all the amount made by the apartment, including maternity capital. You return the maternity capital to the separation of the pension fund, which translated it to you. You can also register an agreement on the termination of the contract with the developer / seller of the apartment that the amount of maternal capital to the PFR accounts lists the developer or seller himself. When choosing this option, consider that to re-implement the maternal capital, you will most likely have to go to court (read below).

Maternal capital remains in the family. You leave the maternity capital to yourself and as soon as possible use it for its intended purpose, that is, strictly for the purposes that were listed in your application for the disposal of the Matcheripal. For example, you tried to improve housing conditions. In this case, find another suitable apartment and take place for it with the amount of returned maternal capital. Be sure to save all confirming documents in case, if you have to be explained before the FIU. At the same time from the court with the FIU, alas, no one is insured.

Is it possible after the return of maternal capital to take advantage of them again?

Yes, it is possible, since for the first time you failed to realize your right and send Matkapital to the goal envisaged. Unfortunately, due to the lack of facilities in the law, the return procedures of the maternal capital is the likelihood that you will have to seek the second attempt to use it through court.

In the "review of judicial practice on cases related to the implementation of the right to maternal (family) capital" (approved by the Presidium of the Supreme Court of the Russian Federation 06/22/2016, paragraph 9) tells about the Mother of the Penza Region, which had to terminate the contract of equity with the developer . When terminating the contract, the construction company listed the amount of maternal capital to the local pension fund. Later, Mom found a suitable residential building and wrote a new statement about the maternal capital in the FIU. The Pension Fund refused to re-transfer the amount of maternal capital, referring to the absence in the law the possibility of disposal of capital even in the event of a refund. The courts restored the woman right to the means of maternal capital, since she did not implement their right to improve housing conditions for the family.

What will happen if not return maternity capital?

Be prepared for the fact that the Pension Fund or the local prosecutor's office at his request will submit a lawsuit to the court for recovery from you the resulting amount of maternal capital. It is unpleasant, but quite explained: for the target use of budget money to report. In court you have several options for action:

provide documents that will confirm the fact of the use of maternal capital for appointment. For example, to buy another dwelling. The judge may ask the state of this housing (whether it is suitable for living, whether it was recognized as an emergency), ask whether you examined it before purchasing, and also clarified whether the purchase of such housing led to improving the living conditions of the family (the area has increased For each family member). Sometimes the court checks the location of the acquired residential premises: buying emergency housing in a deaf village without kindergarten, clinics and employment prospects for parents are unlikely to be regarded as an improvement in housing conditions. If the court considers your evidence reliable, the maternity capital will leave you.

Read the decision of the court in the case of Mom from the Chelyabinsk region, which left its maternity capital and spent it on the reconstruction of the garden house. Alas, the court did not agree with this option.

Is it possible to return maternity capital?

In the Federal Law No. 256-FZ dated December 29, 2006 on measures for state support for families not installed The procedure for refunding maternal capital to the Pension Fund. Despite this, in some cases, Matkapital may (should) be listed back, if for one reason or another the order is not implemented to the fullest (including mortgage repayment).

To return the maternal (family) capital (MSK) to the Pension Fund, you can use in several ways - The choice of one of them will depend on the situation in which the owner of the certificate is located, but a number of difficulties may arise in the process. Repeated disposal by means is possible not in all cases, and most likely the right to it will be necessary to prove judicially.

If the purpose of using MSC has not been reached, and Matkapital not returned To the Pension Fund (FFR), the owner of the certificate may suffer responsibility, according to Art. 159.2 Criminal Code of the Russian Federation "Fraud upon receipt of payments". Certificate tools anyway it will be necessary to list back to the FIU in full.

When does the Matteripital refund?

Law No. 256-FZ does not indicateIn which situations the maternity capital should (may) be returned to the Pension Fund. However, Matkapital is a target member of state support, and the owner of the certificate must list funds back to the FIU, if for some reason they have not been used As part of the directions established by Part 3 of Art. 7 of Law No. 256-FZ. Most often this happens in the following cases:

the family decided to use MSK on other purposes;
the contract of sale or the contract of equity is terminated, or the owner of the certificate (his spouse) leaves the housing cooperative;
parents could not pay a housing loan or loan that was extinguished by MSK, and now the acquired housing is under arrest;
the family decided to sell residential premises located in the mortgage pledge, bought with a loan (loan), extinguished by the Matcheripal, etc.

If the transaction using MSC is recognized invalid, then the means of maternal capital also must be listed In the pension fund, because, according to part 2 of Art. 167 of the Civil Code of the Russian Federation, each of the parties to such a transaction is obliged to return another all obtained in its course. Since Matkapital is paid from the federal budget, it must be given to the state.

Is it possible to return to the PFR maternity capital spent on the mortgage?

Since the procedure for returning the Matkapali used to repay a mortgage loan or loan, in law No. 256-ФЗ not indicated, then the need and the ability to list the certificate tools in each case need to discuss With the pension fund and the credit institution, when the loan is still paid.

Bank or other credit organization self lists Part MSK to the Pension Fund in cases provided for in Part 19 of Government Decisions No. 862 dated 12.12.2007:

the amount indicated in the application is greater than the size of the initial contribution;
the value of the listed means exceeds the amount of the principal debt and interest debt.

Credit organization must return the difference to the Pension Fund within 5 banking days Since the receipt of funds.

How to return maternity capital?

The choice of the method to return the means of the materials of the Matkapalis depends on translated They are on the account specified in the statement or not.

If funds are back not listed, then the owner of the certificate, in accordance with Part 16 of Annex No. 1 of the Order of Mintrud No. 606n dated 02.08.2017, must personally or through the representative to submit to the Pension Fund annual Statement. It can be done for 10 working days Since the adoption of a positive decision on the disposal. After that, the parent (adopter) can write repeated application for disposal (or immediately or at the next maternal capital).
- In cases where Matkapital is used to form a mother's pension, a woman has the right to file application for refusal at any time until day of destination Pensions.
If funds were translated on the specified account, and the deal did not take place, then the owner of the certificate should return money to the PFR. After the contract of sale or equity participation is terminated, all the funds used, including the maternity capital, will most likely be transferred to the certificate owner. He, in turn, should transfer an amount equal to the spent the carcipal at the expense of the department Pension Fund, in which an application was submitted. In order for MSK's translation to implement the developer or the seller, this item must be made to the agreement on termination of the contract.

In some particular cases, there is a possibility use maternity capital for appointment , without refund funds in the FIU, however for this you need first consult with the pension fund, otherwise on the certificate owner can to sue. After the family has been listed to the tools, including Matkapital, it is necessary as fast as possible use as part of the selected directionBy keeping all documentary confirmation of a new deal.

According to Part 13 of Government Decisions No. 926 dated December 24, 2007, if the child, the formation of Matratipital, was died, deducted or the hostel hull agreement was terminated, the educational organization obliged to return Pension fund difference between the listed certificate means and the cost of actually rendered services.

What difficulties may arise?

Difficulties with the return of maternal capital to the Pension Fund are related to the fact that the rules for which it is necessary to do, Law No. 256-FZ not installed. The certificate owner is in a very vulnerable position, since the timing of the transfer of the Matkapalo to the FIU, the procedure itself and the necessary documentary evidence confirmation unknown.

If funds need to be returned to the Pension Fund, it is necessary to consult With his employee and lawyer.

Most of all the difficulties arise when maternity capital has been used to pay off a housing loan or loan - in this case it will probably have to negotiate with a credit institution.

Is it possible to use Matkapital twice?

The question of whether the maternity capital can be reused if it was returned to the FFR authorities, legislatively not regulated. Therefore, in each case you need to contact for advice To a lawyer and get acquainted with judicial practice on such issues.

Most often, the Pension Fund refuses such appeals, arguing its decision by the fact that the right to Matkapital is provided to a citizen once.

However, " Review of judicial practice on cases related to the implementation of the right to maternal (family) capital", Approved by the Presidium of the Supreme Court of the Russian Federation, 06/22/2016, in paragraph 9 found that the person who returned the funds of Moscow time to the PPF bodies, not may be deprived of the right to re-order. In the case under consideration, the court made such a decision, since the owner of the certificate did not improve its living conditions by terminating the contract of equity participation.

Most often, the question of the reuse of MSK concerns cases when the acquisition of housing is terminated. In situations in which a housing loan or loan and some others, the possibility of reuse of funds must be discussed with the help of the Matkapital with an employee of the FIU and a lawyer.

Responsibility for non-return of maternal capital

If the owner of the parent capital will not return funds to the pension fund, then it can became responsible In accordance with Article 159.2 of the Criminal Code of the Russian Federation. If the Matkapital remains at the family and is not used in accordance with the directions specified in Part 3 of Art. 7 of Law No. 256-ФЗ, it can be qualified as the misuse of budget funds. If the maternity capital was still used to be appointed, it is necessary doc not confirm.

The punishment that the owner of the certificate depends on the situation and the nuances of a particular case, because consultation and law is needed by a lawyer competent in this area.

Is it possible to return maternity capital by law

Maternal capital is a significant help for families with two or more children. Many want to receive additional funds from the state to different goals. But in some life situations, parents are interested in whether it is possible to return maternity capital. Consider why it becomes necessary to make a return and what is needed for this.

Maternal capital: concept and features

Matkapital is a way of state support provided to families who born or adopted the second, third and each subsequent child.

This program has been operating from January 1, 2007, so many citizens have the opportunity to raise the standard of living. Demographic indicators in the country have increased.

In accordance with the law, you can spend the certificate for:

improvement of families of families;
payment of children's education;
social adaptation of disabled children;
formation of the fundamental pension of the mother.

Legislation

The program for issuing certificates for Matkapital was introduced by Federal Law of December 29, 2006 No. 256-FZ "On additional measures of state support for families with children." This regulatory act provides for the conditions for obtaining material resources, as well as the validity of the program. Today it has been extended to 2021.

Separate questions of this sphere are settled by the bypass acts: the decisions of the Government of the Russian Federation and the orders of relevant ministries (Ministry of Health and Social Development and Mintruda).

When considering cases of the return of the Matkapital funds in court, the court often uses the "Review of judicial practice on cases related to the realization of the right to maternal (family) capital", approved by the Presidium of the Supreme Court of the Russian Federation of June 22, 2016.

Complete the sociological survey!

Cases in which you need to return Matkapital

Sometimes citizens for a number of reasons cannot take advantage of the certified certificate to meet the goals for which it was expected to spend. Then the question arises whether it is possible to return the maternity capital to the state and what to do with it next.

Most often, this concerns cases when assistance from the state was issued to improving housing conditions as an initial contribution to an apartment or funds to repay a loan. However, for some reason, the house does not pass on time, and the family refuses to participate in equity construction. When terminating the contract, in this case, the Matteripital is refundable.

The main difficulty in this case is that the procedure for the return of funds is not provided by law. The official website of the Pension Fund draws the attention of citizens to the fact that assistance on maternal (family) capital is provided only once. In addition, a person undertakes to use money on intended purpose, from which it follows that it is impossible not to return them.

When selling an apartment purchased with the help of the Matkapalo, you will also have to return cash investments.

Methods of returning the Matkapalo to the Pension Fund

Due to the lack of clear provisions of the law, there are several options for returning funds. The simplest case - when 2 months have not passed since the application, and the pension fund did not have time to list the money.

Those who are concerned how to return maternity capital in this situation are applying for cancellation of the application for the disposal of the materials of the Matkapalo. It should be borne in mind that in the event of repayment of debt or interest on loans, such a statement can be submitted only within a month.

If the money was intended for the formation of a cumulative pension of the mother, then the documents will be accepted until the retirement day.

The return of maternal capital to the Pension Fund is provided in the event of termination of the contract with the developer or seller of the apartment. The latter can return the entire amount to the failed buyer, and he, in turn, list the means of the Matkapalo, in PF. In the contract, it can be prescribed that in the event of a breakdown, the seller will return money to the Pension Fund, issued on maternal capital.

Many are also interested, whether the maternity capital can be returned from the mortgage. In accordance with the legislation, this is not envisaged without the consent of the bank.

Is it allowed to use the Matcher after his return

It is allowed to use Matkapital after its return, if the first time failed to implement the funds to the stated goals. True, due to the lack of norms in the legislation, regulating the return procedure in order to take advantage of such a law, you have to go to court.

If the Pension Fund did not have time to list the funds and you petition for cancellation, you can immediately submit a new application for the use of the Matkapali to other goals.

Responsibility for the non-return of the Mathaipal

If you do not return the maternity capital to the FIU, when it is necessary, be prepared that the pension fund authorities or local prosecutor's office will be submitted to the court.

The recipient will have to prove in court that the means are spent on purpose, otherwise they are charged in forced.

You can recognize all the requirements and return the money voluntarily. If there is no possibility to do it right away, it is worth asking the court to delay on the decision.

conclusions

According to the legislation that the Matkapital is issued to the face only once. Sometimes circumstances arise, because of which it is necessary to return the funds received: the sale of purchased real estate, termination of the contract and the other. In this case, it is better to return money to voluntarily to avoid lawsuits and recovery of funds in a compulsory.

Lawyer. Member of the Law Chamber of St. Petersburg. Work experience for more than 10 years. He graduated from St. Petersburg State University. Specializing in civil, family, housing, land law.

Nowadays, many children are no longer so scary as before. The state adopted various measures of social support for couples wishing to educate and raise children. One of these measures is maternity capital.

And of course, everyone interests everyone how to get this money? Is it necessary to celebrate a three-year-old citizen for this?

What it is?

Under this definition refers to the measure of social assistance expressed in financial support Those cells of society, where after the beginning of 2007 were born (or was adopted) the second and subsequent siblings.

The prerequisite is the presence of a birth certificate on a small person. If the second family member, what is called, has gathered to be born, but died in childbirth, in obtaining capital will refuse.

True, if death occurred during the first week and the metric was framed, then it would be possible to get capital.

The same capital is entitled to both citizens of the Russian Federation and persons with dual citizenship.

What are given?

It is entrusted to the Pension Fund of Russia: payments on maternal capital. Capital can be to spend only for:

formation future pension parent;
improvement living conditions;
training children;
acquisition of necessary things for adaptation child disabled.

Who gets?

How to get a?

To obtain capital in the Pension Fund will have to be aspage:

child Metric, or the court decision on adoption;
statement on certificate;
document confirming fact citizenship Russian Federation in Chad;
mentigode certificate Personality guardian;
SNILS.

The registrar accepts copies of the specified documents and if everything is fine, then after a month, the guardian receives a certificate.

Payment of part Mat

Naturally stands up the following question - is it possible to somehow cash out This money, because a child, and even in a crisis - expensive pleasure.

In no case cannot be taken by dubious offers on cash from different intermediaries.

There is a legitimate way: from the pension fund issuing maternal capital in favor of a small man, more so- whole two!

These are one-time payments of maternal capital:

in 20 thousand rubles (Federal Law No. 88-FZ dated April 20, 2015);
in 25 thousand rubles (Federal Law No. 181-FZ dated June 23, 2016).

Moreover, even if you have already received the first tranche, you have the right to the second.

How will it look like?

How to get from the Pension Fund to pay a part of the capital of capital - 20 thousand. To date, the deadline for submitting an application for payment from the maternal capital of the FIU - November 30, 2016.

Before the expiration of this period, you need to contact the territorial unit - in person or through a notarized attorney. You can also use a multifunctional tool or public services portal on the Internet.

Documents It will take a bit:

account details;
statement (filled with pension fund employees with a personal visit);
mentigode certificate Personality guardian.

The statement in the FIU payments Mat Capital is made up from the first person and contains in itself:

passport details guardian, also reduced it
series and number of the received certificate of capital;
address actual accommodation;
registration address;
date, signature.

Can they refuse?

Yes, in the FIU of Maternal Capital, payments may not exercise. This concerns cases:

stopped the right to capital of this parent;
father who submitted a statement is legally stepfather (that is, not adopted children);
limitation parent in parental rights - is valid until the restriction is removed;
payout already obtained;
child seal from this family judicial order;

You can refuse to pay and according to your aspen.

If the guardian decides that he does not need money from capital, he sends to the Pension Fund on maternal capital, after writing an appropriate application.

Even if the application has already been filed. True, in this case it will be necessary to have time before the requirement for payment will be satisfied. If it happened, then in satisfaction of the "refusal" statement will refuse.

Return to the Pension Fund

Lit can return Maternal capital to the pension fund back?

Just at the request of the applicant - it is impossible (with the exception of the use of a part of the same capital to multiply the cumulative part of the pension).

How to return maternity capital back to the Pension Fund? For this, the corresponding application is written to the Foundation before receiving Finance.

Pension fund can recover maternity capital in cases Non-mercy The use of capital or if the transaction for its use was discontinued or withdrawal. For example, the return of maternal capital to the pension fund is possible in case of:

the family bought a house, but the children of the lobe there have not received;
capital is used by Repair of an apartment or receiving household appliances;
housing, bought with capital participation, sold;
purchase transaction distributedor recognized by the law is invalid.

Usually in the first case, the pension fund sends the order to fulfill the obligations of emphasis by shares in the apartment and establishes a certain period for its implementation.

If the obligation is ignored, it will be the basis of the parties to appeal to the court and the recovery of the funds listed through the proceedings.

Often the question of the fate of maternal capital, one-time payment if the spouses bred.

However, the requirement is "strangling and you will return me to my part" in fact - nothing but the "bulk", designed for not quite competent legally citizens.

Apply Delete, it is possible to demand something only in relation to joint property. To which no personal property includes, as well as what was received by gratuitous transactions (such as a gift or testament), or on targeted payments.

Mentioned capital and there is such a targeted payment, which means that she belongs to the one who issued the certificate.

Money is returned to the state budget on the basis of court decisionsor a timely received statement.

Maternal capital is not some promise of money in the future, this is a real support, some of which can be obtained now. It is important that the goals of the guardian about the use of finances were legal.

Reading time: 2 min

Holders of maternal certificates ( MK) It is important to take into account situations where funds issued by the state have to return. Often it is the capital that has already embedded in the mortgage. When terminating the contract, the consumed amount is subject to return to the pension fund, since the objectives specified in the contract were not achieved. About the causes and methods of implementing the procedure Talk today.

Is it possible to return the maternity capital in the PFR

Often, the refund situation arises. The reassessment of mortgage payments or termination of the contract with the developer due to workers, financial or other reasons become a reason to terminate cooperation and the need to refund financial resources.

An equally common example is a child who is trained at the expense of funds received from the FIU.

A successful option for the owner of the certificate at the return of funds will be the situation when the statement is adopted by the State Structure, but the money has not yet been translated. In this case, the certificate holder draws a statement about the cancellation of the order to the FIU.

What difficulties may arise when returning the Matkapalo to the Pension Fund

The complexity of the return of the Matkapalo in the FIU is the imperfection of the legislative framework for the procedure carried out, and the responsibility for the use of funds lies with the subsidy recipient. Since it is impossible not to return the money received or it is impossible to spend money from the miserial needs, the procedure often ends with a court proceedings. The accurate procedure is important to clarify in each individual case in the pension fund separation.

If MK acted as, to sell such a living space only with the permission of the bank and the guardianship bodies. The accommodation of the target spending will be the share of housing, which cannot be allocated until the loan repayment.

Return of the State Program Return

Approved two ways to return funds to the budget of the FIU:

The recipient submits paper to cancel the application for disposal of the dedicated means. The procedure for submitting a new application is provided for by paragraphs.13-15 "Rules for filing an application for the disposal of the means (part of the funds) of the maternal (family) capital" (Order of the Ministry of Health and Social Development No. 779n dated December 26, 2008). This method of returning MK available, Only if PFR yet did not have time to translate funds.
After the MK is aimed at the formation of the cumulative part of the mother's pension, the applicant has the right to refuse it to the appointment of pension payments, submitting an application to the FIU to refuse.

In court practice, more than two more options for the development of events are possible:

Matkapital is returned to the Pension Fund. At the same time, the contract with a developer or seller of housing will be terminated and it will list the full amount paid for the apartment, including Matkapital. Social payments in full return returns to the Department of the FIU, which was provided to the recipient. After such a development of events to re-obtain the Matkapital will have to contact the judicial authorities.
Matkapital remains in the family budget. The recipient leaves the means of the Matkapalo itself and in the shortest possible time uses for its intended purpose to achieve the goal specified in the application for use by means. If it was an improvement in housing conditions, then the face finds suitable accommodation, acquires it and highlights the share of children. Formally this violationBut if the interests of children are observed, the FIU is loyal to such a situation. It is recommended to maintain confirmation of the paper to provide PFR on demand.

Is it possible to take advantage of maternal capital

The reuse of the MC is not prohibited if the first time failed to achieve the goal provided by the law and realize the right of a young family to receive social assistance. Often re-obtaining Matkapital is possible only through the court. Re-use MK after returning is impossible in the following cases:

a child who studies at the expense of the state is deducted;
the child is not trained in the fact that the institution was indicated in the statement;
the transaction when buying housing is recognized as fictitious.

Responsibility for refusal to return

Incoming use of funds allocated from the budget is not allowed. If the money is not returned, the FIU has the right to file a claim for the recovery of the amount of capital. It is also entitled to implement the regional prosecutor's office. In judicial practice, there are 3 main options for the development of events:

The court recognizes evidence of the target use of the MK. It will be necessary to provide papers confirming the compliance of the use of social assistance. The judge is entitled to check the condition of the acquired housing and clarify whether the family has improved with housing conditions. The location of the new apartment or at home is also taken into account: buying cheap accommodation in the area with undeveloped infrastructure will be regarded as a deterioration of housing conditions.
Recovery of the amount of the Matkapalo in forced order. This is possible if the misuse of MK will be proven. If you cannot immediately return the full amount, the payer has the right to ask for a deferment of the execution of a court decision.
Voluntary return of capital. If the defendant recognizes the claims and voluntarily return the amount issued in full, then it is entitled to rely on the re-obtaining social benefit in the FIU. Certificate owners, obviously using fictitious ways of cashing, threatens criminal liability.

Parents spend family capital to improve housing conditions, but do not give children shares. With the subsequent sale of the apartment, such actions are qualified as certificate cashing. Meanwhile, the state that has not previously transmitted to any of the agencies for control of control, begins to fix the first violations. Information about the infringement of the rights of children became interested in the prosecutor's office.

When using the maternal capital to buy an apartment or building a house of parents, there is a choice - immediately rewrite a part of the apartment being purchased to a child or do it in the future. If parents are in no hurry to endow a child, they sign a notarial commitment to do this within six months after the purchase. The size of the share is not regulated by law. It can be like 1/100 apartments and 1/1000, they say lawyers.

The reason for which parents shy away from their duties is to sell an apartment too problematic, where one of the owners of a minor. To do this, you need to endow a child in the other apartment, getting permission for sale from guardianship. To avoid difficulties, parents prefer not to apply that they have not fulfilled their obligations.

The legislator did not provide a pension fund nor the guardianship and guardianship authorities to control the observance of a notarial obligation. The question of who must control the execution rose more than once. However, the legislative gap still allows you to freely sell apartments, burdened by the rights of children.

Meanwhile, for the buyer, the acquisition of such housing may threaten big trouble. Precedent took place when the new owner almost lost a honestly purchased apartment.

"There is a specific example. The family in which two adult children appeared the third child. Housing conditions allowed - the family had a four-bedroom apartment. Improve yourself housing conditions they did not have interest. For this money, they decided to buy an apartment with their grandmother. The Pension Fund gave good to buy this apartment. Apartment bought, but the grandmother refused to move. And this apartment has become unnecessary. According to the rules, the child was necessary to pay shares in this apartment. But no one did, and the apartment was put up for sale. She bought a family in the mortgage, who had one child. Credit regularly paid. In a few years a second child was born in the apartment. The balance of debt on the loan decided to repay the maternal capital. The bank gave a positive conclusion. When a certificate was submitted to the Pension Fund, it turned out that this apartment was burdened with the rights of another child, which did not endorse. The Pension Fund did not allow cashing maternity capital to buy this apartment. Moreover, the pension fund wrote an application to the prosecutor's office, the prosecutor's office came out on all participants in the transaction. This action was classified as inappropriate use of budgetary funds. It all ended well, because all parties were interested in solving this problem. They voluntarily dissolved the sales contract, and the initial seller endowed the child in the apartment. "

In addition, bona fide acquirers can be punished on another side. Even if the Pension Fund did not calculate the violators, in the future, children themselves can declare their rights to the apartment. You will be able to challenge the deal in court immediately after reaching the age of majority.

Tatyana Safarova, lawyer An "Forecom":

"The maximum limitation period in transactions where minors are increasing, is 10 years old - begins with the age of adulthood."

Meanwhile, if parents hide the fact of using the certificate, the buyer to learn about the rights of the child to the apartment, practically, is not possible. The Pension Fund does not disclose the data on which apartments were bought with the participation of the Matkapal. The realtors have to calculate such objects on indirect features.

Olga Melnikova, real estate specialist, Novosel Academy:

"Well, if there is a link in the contract of sale to the fact that the apartment is bought with the participation of maternal capital. If this is not specified in the contract, the buyer may simply not know about it. When I buy an apartment to my customers, I first find out about the number of children, and when they are born. If the date of their birth is subject to this program, then the likelihood is that family capital was used. "

However, documents do not always give a complete picture. So, for example, in history with the family, which is described above, in the mother's passport there was no information about two adult children (passport replacement of 45 years). In the document, the woman was only the last, the third child. In the certificate of ownership, there was no information about mortgage (loan was issued). Lawyers are recommended for reliability to demand from the seller written guarantees.

Lyudmila Plotnikova, lawyer UPN:

"Citizens come to the reception and ask how to be in this situation, how to check, Matkapital was used or not. For example, the owner has two small children, the apartment purchased to the mortgage, not a word about the maternity capital. What I recommend - the first moment, take a guarantee letter from the sellers that they guarantee the lack of cash flow at the expense of the Matkapalo. The second moment, I recommend buyers to ask the sellers to receive a certificate in the bank that the repayment of a mortgage loan occurred without maternal capital. "

If the seller deceives the buyer, and the children will present right to an apartment in the future, then the buyer will have a chance to prove their good faith in court. It is possible that the court will redirect children from the buyer to parents who have not fulfilled obligations.

Meanwhile, experts are confident that there is a way to identify apartments with an unfulfilled notarial obligation. Such objects must be subject to mandatory encumbrance, information about which should be kept in a single state real estate cadastre. Information about the apartment will be reflected in the certificate from the USRP. True, changes should occur at the legislative level. And today in the State Duma, such initiatives did not even endured for consideration.

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