Maternity capital is allocated by the state in the form of targeted subsidies to families with. Both the mother and the mother of the child have equal rights to receive it.

Therefore, in the event of a family breakup and divorce of parents, the question arises of dividing the amount of family capital if it is not spent on.

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In the case of the purchase of housing with MSC money, which, in addition, is pledged to the bank (mortgage), and, according to the law, must belong to all family members (with the participation of minors) in shares, the situation with the division becomes even more problematic.

Mentions in law

There are special legislative norms that regulate all processes in any way related to family capital. Federal Law "On additional measures state support families” dated December 29, 2006 No. 256 is a fundamental act regulating relations related to the acquisition and exercise of the right to maternity money.

This document regulates the main points related to the means of MSC:

• the operation of the law, its basic terms and definitions, the right to receive state assistance;
• maintaining a register of persons - holders of MSC certificates, the procedure for issuing a certificate and its use;
• , his ;
• disposal of MSC money (for pension purposes, for the education of children, for improving housing, for the social adaptation of disabled children);
• the procedure for considering the application, the documents attached to it, the decision to transfer funds, the transfer process itself.

The divorce process and the division of property are governed by the following rules of law: the legal regime of property acquired in marriage, the disposal of joint property, sole property in marriage, joint property whether common property is divided, determination of shares in the division (Articles 33-39 of the RF IC).

The obligations of the spouses are also described in detail in family law, in particular, the rules on mutual maintenance, on alimony after a divorce, on the procedure for calculating maintenance payments, on the possibility of exemption from them (Articles 89-92 of the RF IC).

The partitioning process and the use of MSCs have features that you should pay attention to:

• if, purchased with capital funds, is not allocated to the child within six months, guardianship may initiate the procedure for their recovery from the parent;
• education money should be spent up to 25 years old the age of the children;
• selection mat. capital in the amount up to 50 thousand rubles can be made in cash.

General points

The contractual regime of property acquired in marriage does not apply to property acquired with the participation of MSC funds. The question still remains difficult in practice: is the purchased apartment divided during a divorce between the father and mother of the children, if it was purchased with MSC money (with their use)?

Because mat. capital is the amount of money allocated by the state for certain purposes, it will be impossible to divide it between spouses! If the child stays with the father, then in this case he will dispose of the certificate, and vice versa.

The procedure for dividing family capital is completely illegal and punishable consequences may occur for it.

Who is eligible for the certificate

You can receive targeted assistance to support families:

• a woman who gave birth (adopted) a second or subsequent child;
• the man who adopted the second or subsequent child, if he is the only adopter;
• father in case of deprivation of mother parental rights;
• minors upon termination of the right to payments of both parents;
• adult (up to 25 years old), studying full-time in the absence of the right of parents (adoptive parents) to receive mat. capital.

You can get the right to issue a MSC certificate once, starting from the birth of your second child.

A certificate is a nominal document that cannot be the subject of a dispute during division. First of all, the mother (adoptive parent) of the second and subsequent children has the right to it. If these persons are deprived of the right to receive payment, it passes to 3 persons.

Judicial practice interprets that MSC payments can be transferred to the father, adoptive parents and children, despite the fact that the certificate itself is nominal. As a rule, a document on a mat. the capital remains with the person whose name is written in it.

However, the rights to state support can be transferred to the father under the following circumstances:

• the absence of a mother or the self-adoption of a child by a man;
• the death of the mother of the child;
• declaration of the deceased mother of a minor, missing;
• deprivation of the mother's rights in relation to the child;
• cancellation of adoption in relation to the mother;
• committing an illegal act against children by the mother.

The mother of the child cannot be a recipient of the state. support in case of dissolution of marriage and the presence of the above conditions. The right to receive mat. capital can be endowed with minors and adult children who need help and are in training. Children become legal beneficiaries in the event that the father and mother are deprived of rights in relation to them.

How is maternity capital and property divided during a divorce of spouses

The certificate for MSC is exclusively nominal, i.e. issued to a specific citizen. This fact does not depend on whether the spouses live together or not, are married or simply cohabit without legitimizing their relationship.

Whatever family model exists in practice, it should be remembered that the certificate is issued exclusively for one person, but should be spent, first of all, in the interests of minors and the whole family as a whole.

The norms of the law in force in 2019 give citizens the right to dispose of capital at any time, regardless of when it was received. Therefore, situations often occur that the family breaks up, and the capital money has not yet been spent or not all of its amount has been spent.

Despite the fact that everything acquired in marriage is a priori joint, nevertheless, maternity capital in the event of a divorce of spouses is not subject to division. This is motivated by Art. 34 of the Family Code of the Russian Federation, which stipulates that money that has a special purpose and received by one of their spouses is not divided.

As for real estate purchased with the participation of MSC funds, it is subject to division, since the law obliges such property to be registered in shares between all family members. Consequently, during a divorce, any spouse can claim his share, if it has not yet been issued to him.

In practice, the following sections are used:

• the second parent is compensated for his share in monetary terms;
• other property subject to division is transferred, at its value equal to its share in real estate;

• The purchased apartment is sold, and the proceeds are distributed.

The latter option can only take place with the participation of guardianship authorities, since permission to alienate shares of minors can be made at their order. At the same time, this body, as a rule, allows such a sale under the condition of acquiring other housing in the name of the children, commensurate with the alienated shares.

More a difficult situation occurs when the object, which is pledged to the bank, is divided. By law, all the debts of the spouses are common and divided in half. Mortgage real estate can be sold only through the bank and with its consent or independently.

The second option is problematic as follows: it is necessary to obtain permission to sell from the bank, the FIU and guardianship, as well as find an adequate buyer, ready for a long wait for all documents to be processed.

In any case, the division of mortgage housing purchased with the participation of MK is very problematic during the dissolution of a marriage, so it is better for the parties to agree amicably.

If a peaceful option is not possible, then the division will take place only in court with the participation in the case of a credit institution, a guardianship authority and a pension fund

Dispute about the purchased apartment

Difficulties in practice are caused by cases of division of an apartment acquired with maternity capital funds. The civil legislation of the Russian Federation provides for the principle of equal division of everything acquired in marriage, regardless of which of the spouses it is recorded in.

But it is important to keep in mind that the acquisition of an apartment with the participation of capital funds implies the mandatory allocation of a share in it to the child (children). This occurs at the end of the registration of the purchase and sale transaction, if the entire cost of housing is paid at a time, or immediately after the removal of the encumbrance from the mortgage object. The pension fund even requires the owner of the certificate to submit, when applying for the disposal of the obligation to allocate a share to the child, certified by a notary.

The consequence of violation of this obligation may be the withdrawal of maternity capital with the obligation of its owner to return the money.

An example would be the following life situation. In a registered marriage, the family bought an apartment on credit against its security (mortgage). When buying part of the property was paid at the expense of MSK. Ownership of the specified object was registered to the head of the family.

After paying off the debt on the loan, all family members became co-owners of the apartment in equal shares. The total amount of purchased housing was 5 million rubles, of which 450 thousand rubles- MSC money. The difference between the indicated amounts, equal to 4 million 550 thousand will be divided among all family members.

The state program for the issuance of maternity capital is a measure to improve the well-being of families and stimulate the birth rate. It is represented by the issuance of a certificate in the name of the mother who gave birth to the second, third and subsequent child, or adopted one. However, how is an apartment bought with maternity capital divided during a divorce.

The amount of financial assistance allocated directly depends on the number of children in the family, so with each new addition, a large amount is paid. It can be used for the following purposes:

• to improve the living conditions of the family and the newborn child;
• payment for the child's education in the future;
• to increase the funded part of the mother's pension.

It is worth noting that only these purposes are legal and public money cannot be spent on anything else. However, there are also unpleasant situations like divorce of spouses for certain reasons. What happens to maternity capital in such a situation and how it is divided. You should understand this better and delve into the topic.

Can I split the money received?

This is the very first question that arises in a similar situation - whether maternity capital is divided during a divorce. One way or another, there is a very specific answer here. Based on current legislation, the division can only be carried out if it concerns movable or immovable property acquired together, as well as cash payments.

And here there is an important exception - targeted cash payments in the form of benefits, subsidies from the state. Since the mother capital belongs to this kind of subsidy, one can give a completely unambiguous answer - it is not subject to division between spouses during a divorce.

The certificate, as well as the entire amount indicated in it in the event of a divorce, remains with the one in whose name it was issued. As mentioned earlier, most often it is issued in the name of the mother of the child. But there are exceptions in which the father also has the right to receive it.

Is the mother's capital divided after a divorce?

The law governing the receipt of maternity capital, as well as the termination of the right to receive it, does not say anything about divorce. Also, nothing is said about the fact that divorce in any way affects the right to use the funds that have already been received under this program.

It was already mentioned earlier that the grants are issued in the name of the mother of the child. And there is no difference here - it consists of this moment married or divorced. She has the right to full use of maternity capital even after the marriage is dissolved.

In the event that a dwelling was purchased with maternity capital, it is completely transferred to the use of the mother and children. But this issue should be analyzed in more detail, since the procedure for dividing housing in this case occurs according to several schemes.

Does a husband have the right to maternity capital during a divorce?

If we are talking about maternity capital and divorce, then definitely no. As mentioned earlier, during the dissolution of the marriage and the division of property, the father does not have any right to use the funds of the mother's capital. However, there are a number of exceptions in which the father can still obtain the right to use under the law.

The father acquires the right to use when the mother loses it, and this happens in the following cases:

• committing a crime by a mother against her child;
• mother's death;
• recognition of the mother by the court as missing or dead;
• when she terminated the adoption of a child;
• termination of parental rights, regardless of the reason.

Also, the father has the full right to receive maternity capital in the event that he alone brings up two or more children. However, we are talking here about an already ex-husband who was left with children as a result of unforeseen circumstances, including with adopted children. None of these cases has anything to do with divorce.

Measures applied to spouses in case of refusal to pay a mortgage

especially unpleasant moment is the termination of regular mortgage payments after a divorce. In such cases, the banking institution that issued the loan comes into play. It has the right to sell the residential premises acquired by the former spouses in their own needs for the return of funds. The balance is given to former clients, if any.

It is obvious how disadvantageous such a situation is:

• mortgage housing prices are much lower than the market average;
• both spouses lose their rights to square meters of housing and are left without it.

Division of property purchased using maternity capital

In the event that at the time of the divorce, the certificate of state subsidies has not been used, it definitely remains with the original owner. But what to do when the divorce occurred after the money had already been spent for its intended purpose?

Usually, options for legal spending of mother's capital imply an improvement in conditions for housing, its acquisition, payment of the first installment when buying an apartment for a mortgage. It can also be participation in shared construction, but how is maternity capital divided when spouses divorce?

How does the section

Basically, with an official divorce followed by the division of jointly acquired property, the following options are provided:

• 4/5 of the apartment or house is allocated to the woman, and the current loan is divided equally among the former spouses;
• a man has the right to sell his own 1/5 share to his ex-wife and continue to repay the loan, indicating the amount received from the sale as a deduction;
• the mother can also exchange her allotted shares for other housing.

In the event that a division of housing occurs, the mother must carry documents proving the fact that the housing rights of her children have not been violated. Consideration of such cases takes place according to the rule of general legal jurisdiction. However, there are cases of dissolution of marriages in an alternative order.

The complexity of the second case lies in the definition of an apartment acquired using maternity capital. A lawsuit may be filed at the initiative of the plaintiff even if the whereabouts of the defendant is currently unknown. With this option, the claim is filed in relation to where the property of the latter, or part of this property, is located.

How to share an apartment bought with maternity capital during a divorce? One way or another, an apartment purchased at the expense of mother capital cannot be the property of only one person. However, this does not change the alternative jurisdiction. An application for divorce can still be filed at the location of a dwelling purchased with public funds. While the dispute exists, the marriage is not subject to dissolution in the registry office.

If maternity capital is used to buy an apartment

According to the current law “On Measures of State Support for Families with Children”, real estate purchased with state aid is issued in an equal share for each family member. This means that if an apartment for a family of four is purchased with partial help from maternity capital, then each family member receives a 1/4 share. Since these shares are distributed in accordance with the current legislation, there can be no redistribution of them.

If the marriage is dissolved, then each spouse can only count on his own share in the jointly acquired real estate. To divide it, you will have to personally conclude a written agreement on the division of property and in the future, apply to the judicial authorities to resolve the dispute that has arisen.

There may be several options for this section. For example, a share can be allocated to in kind, received in the form of compensation with other property, or in cash. The only rule here is that the process should not infringe on the rights of children who are owners of their shares. It is for this reason that the sale of housing with the division of proceeds is possible only after obtaining the appropriate permission from the guardianship authority.

Division Features

In order to understand in more detail how an apartment bought with maternity capital during a divorce is divided, one should take into account the way it is invested. As a rule, conditions are created when each of the spouses claims their rights to a part of the property acquired during the marriage. The complexity of this issue is the fact that people do not register separate property before such a question arises.

Another thing is when a house purchased with the use of a state subsidy acts as real estate. The law here requires the obligation to divide square meters in an equal share for each family member, and the division must be documented. Only with this document, duly certified, Pension Fund allocate funds. However, allocation of ownership is also possible:

• immediately, in the case of the conclusion of an ordinary contract of sale;
• after a period of time for which the borrowed funds are used.

However, in both cases, the following is strictly prohibited by law:

• division of square meters in a different way, leaving equal shares to each member of the family, which is especially true for children, including minors;
• infringement of the rights of each other, in addition, when there is a voluntary renunciation of property.

In the case when the apartment has already been bought and partially paid for by means of a certificate, it is the responsibility of the spouses to divide it into equal parts. As mentioned earlier, if the family already has two children, then they will receive a quarter of the square meters in their property. That is why those who dissolve the marriage should decide how to exercise their rights:

• continue to live together in this living space;
• whether there will be a sale, followed by the purchase of a separate apartment by each spouse;
• one of the partners will pay the other part of it.

Of course, the shares of babies or growing children will go only to the one with whom they stay. The legislation prohibits the sale of the only housing for children. However, this is a solvable issue, since it is only necessary to prove that new real estate will be bought with the proceeds from the sale.

If maternity capital is used for a mortgage

In fact, there is absolutely no difference in the division of real estate purchased with a mortgage with the involvement of maternity capital. After all, almost the same rules apply for it as for acquiring housing in the usual way without a loan. The main rule here is similar - all shares of the property of family members must be completely equal.

The difference is only the process of division of this property, it includes:

• the obligation to pay a mortgage loan, which is divided equally between the former spouses, even if one of them has a smaller share, for example, a mother with two children may have 3/4, and a father 1/4;
• until the loan is repaid, the sale of the apartment is almost impossible.

The whole difficulty lies in the fact that only the bank that issued the loan has the right to conclude a deal here, and the price for such real estate is several times lower than the market price. Also, part of the proceeds will immediately go to pay the debt. To engage in self-sale of such an apartment, you must obtain permission from the creditor bank. In parallel with this, it is necessary to acquire the permission of the guardianship authority.

The nuances of the division of mortgage housing

Various situations with the acquisition of square meters for borrowed funds differ only in the division of debts between former spouses. According to the family code, the debt is also divided, like the property itself, in the event that there is no agreement between the parties. Thus, after the partition, each party also receives obligations to repay the current debt.

Along with this, property shares in square meters may not be determined. By a legal method, they can be allocated only after registration of the right of ownership, and it can appear only when the loan is paid.

In the considered option, the entire existing obligation to share the living quarters for everyone is taken into account. As discussed earlier, with this option, everyone gets one quarter.

After the court session, the solvency of each spouse is revealed, and the question of who the children will remain with is also clarified. Attention is paid to the state of health of each of the former partners, as well as their children. As a rule, in case of a divorce from maternity capital, the children remain with their mother. That is why most of the debt remains in the hands of men. But, along with this, this obligation does not give him absolutely no additional rights to housing.

Summarizing

Given the fact that none of the family members can claim a large share and all square meters are divided equally between father, mother and children, the law prefers the voluntary agreement of partners.

At the same time, monetary obligations can be divided disproportionately. The intervention of the state through the judicial branch of power occurs only when the former spouses cannot reach a common agreement during the separation. That is why it is worth thinking several times before deciding on such a difficult and desperate step.

You may be interested in other articles on this topic:

How to use maternity capital to buy a home up to 3 years

Maternity capital is issued in the form of a certificate in the absence of exceptional circumstances for the mother. The recipient of the document disposes of it at his own discretion, but only within the framework established by law.

In the course of the divorce proceedings between the spouses, the division of property acquired by joint efforts is made. In such situations, the question inevitably arises: how is the maternity capital divided during a divorce. To solve this problem, it is necessary to find out whether this payment is jointly acquired property.

Despite the fact that this document for receiving payment is nominal, it is issued for a family with children. The law strictly limits the scope and procedure for its use. The capital can be used for the following purposes:

• Acquisition and improvement of a home for the family, including as a contribution to a mortgage loan.
• As payment for the education of a minor.
• To increase the pension content of the mother.

You can use state support when the child reaches the age of three. An exception to this rule is the payment of a mortgage loan certificate to improve housing conditions. In this case, you do not need to wait until the child is three years old, and you can implement the certificate from the moment it is received.

How is maternity capital divided during a divorce

Legislation in the field of regulation of family relations establishes the procedure for the division of property acquired during the marriage. Spouses share property acquired during the period of registered marriage, as well as funds and payments. An exception would be targeted cash payments.

Important! Maternity capital, being a targeted cash payment, is not subject to division between spouses.

Despite the fact that the Family Code establishes equal rights to raise children, minors in the vast majority of cases remain with their mother. The certificate for state support also remains in the hands of the woman. She will be able to use the amounts in full at her own discretion and within the framework of the purposes established by law.

In practice, if the children after the divorce remain to be raised by the father, then the court, by its decision, transfers the certificate to him. In rare cases, despite the fact that minors are brought up and live with their father after a divorce, the court leaves the document to the mother. But even in this case, it can be spent only for established purposes.

Maternity capital is issued to persons who have two or more children, regardless of the presence of an official marriage. There is no prohibition on the use of mother capital after the divorce process and the law. Therefore, it can be spent even after a divorce.

Division of real estate acquired with maternity capital during a divorce

According to statistics, most families use the certificate to improve their living conditions. Legislation regulates the procedure for registration of ownership of property in such situations. Mother, father and children in housing purchased, built or improved with the expenditure of maternity capital should be allocated equal shares.

Important! Parts of the living quarters belonging to the mother and father, as well as to children in a house or apartment purchased with the use of certificate funds, are not jointly acquired property of the parents and are not divided between the spouses.

Thus, after the divorce process, each member of the broken family remains with their share of housing. If the children stayed with their mother in an apartment purchased with maternity capital, then the father has the right to part of this apartment. He also enjoys all the rights of the owner of a share of housing. He can:

• Live in the apartment.
• Be written into it.
• Sell ​​your share in the manner prescribed by law.
• Object to the alienation of real estate in its entirety.
• Object to the entry of third parties into the apartment.
• Move citizens into housing with the consent of the other owners.

If the father does not want to live in an apartment or house purchased with state support money, he can sell his share to his ex-wife. Also, part of the apartment can be used to offset child support payments.

Note! The offset of the father's share as alimony must be drawn up by a notarized agreement. Otherwise, the ex-spouse will be able to claim alimony in judicial order and part of the father's apartment will be treated as a gift.

It is possible to sell an apartment purchased using a certificate until the children have reached the age of majority only with the permission of the guardianship authorities.

If family support funds were used to build households, then the question inevitably arises of how the house is divided during a divorce, when it has not yet been completed, and shares have not been allocated to all family members. This problem is solved by the ruling in case No. 18-KG15-224 issued by the Supreme Court of the Russian Federation.

According to the court, despite the fact that the construction is not completed, the property built or improved using the mother's capital will also not be divided between the parents. The divorcing father and mother will be the owners of only those shares that are allocated equally to each of the family members.

How is mortgage housing acquired with the participation of maternity capital divided during a divorce

The main principle when buying a dwelling using a certificate for a mortgage loan is the subsequent division between family members in equal parts. In a divorce proceeding, such housing will also not be divided between the spouses. Each will have his share. However, the division of property in this case will have some features.

The procedure for the division of all jointly acquired means the division of not only material values, but also debts. Therefore, the remaining mortgage debt will be divided between the spouses in equal parts. This debt is jointly acquired by the spouses, in contrast to the mother's capital.

If the ex-husband or wife cannot pay their half of the loan, the obligation to repay is placed on the shoulders of the second spouse. He, in turn, will be able to subsequently recover part of this debt from the non-paying spouse.

Selling a mortgaged home to earn the equivalent of a cash share is not an easy task. This will require not only the permission of the OOiP, but also the pledgee's bank. Without the consent of these institutions, the transaction will not pass state registration, and the contract of sale will not enter into force.

In such a situation, the spouse, who will be entrusted with the obligation to pay maintenance payments, can also transfer his share to offset them. However, the mortgage debt he will be required to continue to pay.

Example. The Sidorovs, legally married, purchased a three-room apartment at a cost of 4 million rubles in a mortgage, using maternity capital. The living space was divided in accordance with the requirements of the law. After 7 years, they decided to divorce. At the time of the division of property, a debt of 2 million rubles remained. In this case, the apartment between the divorcing parents will not be divided. Only the part of the living space allocated during registration will remain in the property of each. The rest of the debt on the loan will be divided in equal shares between the ex-husband and wife.

Father's right to maternity capital

A father can receive maternity capital if he independently adopts a second child. Also, the right to a certificate passes to him in the following cases:

• By the tribunal's decision. If the children are left to be raised by a man, the court, by its decision, can transfer maternity capital to him.
• At the death of the mother of the children.
• If the spouse is declared dead or missing in accordance with the procedure established by law.
• If the mother voluntarily terminated the adoption of the child.
• The mother was deprived of parental rights.

Alas, sometimes young people cannot endure the difficulties presented to them by family life. Constant quarrels and accusations of each other in various domestic mistakes eventually lead the husband and wife who once loved each other to the decision to divorce.

According to the articles of Russian legislation, the division of property of spouses is carried out on the basis of certain rules and norms established by the Civil Code of the Russian Federation. But then what to do with the money received from the state as assistance for children? Can the wife lose part if the husband demands half. How is maternity capital divided during a divorce and is such a division even possible? How is this item reflected in the law?

What is maternity capital?

Before moving on to the question of the section, it is worth defining what kind of assistance this is and in what form it is provided. Maternity capital is one of the measures to provide support from the state. Issued in the form of a document issued in the name of the mother. Only she has the legal right to dispose of this amount of money. Therefore, the question - whether maternity capital is subject to division during a divorce, is quite logical.

What can a family certificate be used for?

This amount is strictly limited circle opportunities to use. Its application is aimed only at one of the following purposes, strictly defined by the law of the Russian Federation:

1. Qualitative improvement of living conditions;
2. Child's education fee;
3. Transfer of the amount to increase the funded component of the mother's pension.

As practice and reviews of certificate holders show, expanding and improving housing is the main way to use government assistance for a second child.

Is it possible to divide the state target money between former spouses?

First of all, it is the money that comes to the family. Therefore, quite often during the period of divorce, the question arises whether the maternity capital is divided during the divorce of the spouses, is it possible to divide this amount between the ex-husband and wife, as you do with the rest of the property?

The answer to this question, apparently, will disappoint someone. Relying on the fact that, according to the law, the division of all joint property, including finances, is determined, one has to face the indisputable fact that the target money paid for children cannot be divided.

And in this case, state financial assistance is just targeted. And accordingly, it is not divided. Based on the above regarding maternity capital, who will get this subsidy in the event of a divorce? The entire amount goes to the one who appears in a special document (certificate) issued to a single recipient.

Usually it's the mother. However, it happens that the father can be the recipient.

Does divorce affect the use of government subsidies?

Granting the right to receive money from the state aimed at providing for children, as well as terminating it, is possible under the conditions specified by law. The content of this law does not indicate that the process of divorce of spouses may affect the granting of the above right.

State payments to mothers are provided with an undeniable right of disposal, regardless of whether they are currently legally married or not. Even when the marriage is considered officially annulled, ex-wife still has the right to use maternity capital in the event of a divorce of spouses.

If, after the official rupture of relations, the money is used by the mother to purchase housing, then she and the children will be the main owners, respectively.

Is it only the mother who is the only owner of the family certificate?

So, when a marriage is annulled, the target money remains, as a rule, with the mother. That is, the official break in relations does not provide any reason to think whether maternity capital is divided during a divorce. All remains with the ex-wife.

However, there are several provisions under which the father of the child acquires the right to dispose of maternity capital.

In what cases can an ex-husband dispose of maternity capital?

This happens if:

1. Established the fact that the mother committed a criminal act against her own child;
2. The death of the mother was ascertained;
3. The court officially declared the mother either dead or missing;
4. The process of adoption of a child by a mother is officially terminated, and the father conducts this procedure, being the main adopter;
5. The mother officially loses the rights to the child by a court verdict.

In all of the above cases, the right to own maternity capital passes to ex-husband. However, and this is absolutely indisputable, this does not apply to the procedure for the official termination of relations.

How is the division of property acquired with the target money?

It happens that part of the amount, or the entire amount, has already been used for its intended purpose, corresponding to one of the provided spending conditions. For example, the money was used to buy a new house, or to pay down a mortgage, or to pay part of a home construction bill. Is maternity capital divided during a divorce in this case and how to correctly determine the procedure for dividing property? First of all, it is necessary to determine the provisions of the law in the case of using targeted money when buying a home.

According to the existing norms of the current legislation, housing purchased in this way implies an equivalent division of property between family members. That is, a family that bought an apartment using earmarked funds, receives as a result an equal share of the apartment for each family member, regardless of the number. It is this provision that gives an exhaustive answer to the question - is maternity capital divided during a divorce? Yes, and in equal proportions. Here again it is worth noting that everything happens within the framework of the law. No new agreements on a different, unequal distribution can arise. Otherwise, it will be treated as a violation of the law.

When the marriage is dissolved, the former husband and wife retain the right to claim their shares from the jointly acquired property. By law, in order to make a division in such a decision, the spouses must obtain a written agreement, or resolve the disputed issue in court.

It is possible to divide real estate, where each of the spouses has its own legal share, using one of several available options. For example, you can allocate to the former spouse a share that implies something in kind, that is, provide him with compensation, either as an equivalent property element or in the form of a financial payment. The basis for the division is the strict observance of the rights of children, who also have their own rights. They, equally with their parents, are characterized as full holders of their shares. Based on this fact, at the time of the sale of residential property, in order to subsequently divide the money received, it is necessary to obtain consent from organizations involved in the protection of the interests of children.

If the family equity is a mortgage payment?

In the case of purchasing a home on a mortgage loan and using it, either to repay part of the debt or the entire loan, the money provided by the state as a family certificate is always guided by the same rules as in the case of purchasing a home without using a loan.

Again, the main rule of how maternity capital is divided during a divorce is that each family member claims an equal share of the property.

Maternity capital in case of divorce of spouses: features of division in case of mortgage

However, the procedure for dividing this property contains some nuances:

1. Divorcing spouses will have to pay a mortgage loan together, strictly in half, despite the fact that the share of each of them, taking into account the shares owned by children, can be much lower than mortgage payments;

2. Until the mortgage debt is repaid, it is extremely difficult to put up the acquired living space for sale. Similar procedures are carried out by financial institutions. The cost of an apartment will be much inferior to the market price, and the amount of debt will be taken from the money paid as a result. In order to sell an apartment on your own, you will first of all have to obtain a bank permit. And besides this, it is necessary to obtain documentary permission from the guardianship authority in relation to children. Which, according to many parents, is quite problematic to get.

If maternity capital is used for the repair and reconstruction of housing?

The use of a family certificate for the repair of real estate, redevelopment or its restructuring, as in all other cases, is the main condition for registering equal shares between family members. Only in this case, the question of whether maternity capital is divided upon divorce can be answered positively. The division of real estate in this case occurs on a general basis.

Between spouses, as it is targeted support from the state. Upon divorce, the funds will remain with the owner of the certificate for maternity capital.

The owner of the document has the right to submit an application for the disposal of funds (or a certain part) Anytime after the child is three years old from the date of birth. But if you need to pay the down payment on a loan or loan to purchase a home with these funds, you can use them at any time, without waiting for the child to reach the age of three.

Also effective January 1, 2018 new law No. 432-FZ of December 28, 2017, according to which maternity capital can also be spent until the child reaches the age of three to pay for paid educational services.

As for the property that was acquired with maternity capital, it will not have to be divided, because it will already be in the shared ownership of each family member.

If the family bought an apartment on a mortgage, and repaid part of the debt from maternity capital, but decided that they would be required to pay the rest of the mortgage loan in half.

How is maternity capital divided in a divorce?

• when he independently adopts a second and subsequent child;
• the mother of the child dies, or the court recognizes her dead;
• mother was deprived of parental rights;
• the mother has committed a crime against her child or children;

Is maternity capital divided between spouses during a divorce?

Usually, in a divorce, the jointly acquired property is divided in half. everything that was acquired at the time when the spouses were married is recognized (clause 1, article 34 of the RF IC - the Family Code of the Russian Federation).

Maternity capital, as a rule, is also acquired during the marriage of spouses, but the reason why maternity capital is not subject to division is that it has a special purpose - financial support for the family who has two or more children. And the money received for the purpose is usually.

The amount of money indicated in the certificate for maternity (family) capital in relation to property can be spent on improving the living conditions of the family (Article 10 of the Federal Law No. debt on purchased housing in a mortgage or use as a down payment on a mortgage.

The Sidorovs decided to end their marriage and family relationship. They decided to divide their jointly acquired property - a residential building by ½ share to each. In addition, the spouse has a certificate for maternity capital to receive a certain amount of money. Dividing such an amount for two is prohibited by law, the funds indicated in the document will remain with the spouse and she will be able to spend them exclusively for purposes established by the state.

Division of housing purchased for maternity capital

In 2019, the maternity capital is 453,026.00 rubles and its size will remain unchanged until January 1, 2020 in accordance with Art. 12 of Law No. 444-FZ of December 19, 2016.

It is impossible to buy housing for the above amount in our country. Accordingly, many families use maternity capital in order to partially pay for the purchase of housing. When buying a home with funds from maternity capital, regardless of this, or - real estate will be registered in shared ownership(clause 4, article 10 of the Federal Law No. 256).

Usually belong in equal proportions to the husband, wife, and at least two children. But it is not uncommon for one of the spouses to decide to leave the family.

In this case, the share of each family member has already been determined, and, accordingly, only other property acquired during the marriage can be divided during a divorce. In this case, allocate a share in the apartment in nature is impossible, since there must be a separate exit for this. In this case, the husband may demand , equal to the value of his share and give his share to his wife.

The Petrovs, who have two children, decided to buy a four-room apartment. Monetary amount for the purchase of property consisted of family savings and maternity capital funds. The apartment was bought and registered in the ownership of 1/4 share for each family member. After 5 years, the couple decided to end their marriage. The spouse does not have the right to divide the apartment in half, since the shared ownership of each was already initially established on the property. The husband received compensation for his share in the amount of 1,000,000 rubles and refused it.

How is an apartment bought with maternity capital divided during a divorce?

For those purchased on credit, the same requirements apply as for real estate without encumbrance. If a person, when registering, uses the funds of maternity capital, then you will have to issue an apartment in common ownership.

The Ivanovs decided to purchase a four-room apartment on a mortgage, and part of the debt was paid from maternity capital. The share of each family member in this apartment is 1/4. The couple decided to divorce. By law, debts acquired during marriage are also subject to division in equal parts between the spouses. That is, the remaining part of the loan debt, the spouses are required to pay, after dividing this amount in half.

Questions from our readers and answers from a consultant

Hello! We want to divorce my husband, we have two children and we have a certificate for maternity capital. How will the amount of money indicated in the certificate be divided if the document belongs exclusively to me? Can I use it after a divorce?

The amount of money indicated in the document is not subject to division. It is aimed at financial support for families with two or more children. It is impossible to divide it in half with a spouse. After the dissolution of the marriage, you, as the owner of the document, will manage the funds, but only for certain purposes established by the state: getting an education for a child, buying real estate - residential premises, and also forming your own future pension.

Hello! Do I have the right to receive maternity capital if my son died at the age of 11 and I am expecting a second child?

Yes, after the second child is born, you have the right to receive maternity capital. To do this, you must provide documents confirming the birth of the first child (they can be requested from the registry office).