The amount of maternity capital allocated by the state for the second or subsequent child is 453,026 rubles. These funds can be directed to the implementation of various purposes, including the repayment of the mortgage loan.
Conditions and procedure for the repayment of the mortgage by the parent capital
The legislation of the Russian Federation allows the use of maternity capital funds to repay a mortgage loan. In this case, it does not matter when the mortgage was issued - before the birth of the second or third child or after him. One or both parents can exercise the corresponding right at any time, and it is possible to pay at the expense of maternity capital:
- down payment on a mortgage;
- part of the loan and interest accrued for it;
- mortgage issued to participants in the mortgage system for military personnel (NIS).
Thus, a one-time repayment of a mortgage loan by the parent capital or a one-time payment of the first installment is allowed in accordance with the terms of the bank. This allows families with two or more children to obtain mortgages more quickly and on favorable terms. If you want to repay the loan with materkapital, you need to act in the following order:
- Issue the acquired real estate for one of the parents or register an equity participation agreement (DSA) with Rosreestr.
- Wait until the bank transfers the necessary credit funds to the seller's account, with which the future owner will directly interact. Until the full repayment of the debt, the apartment will remain pledged by the bank.
- Get a certificate from the bank about the remaining debt and notify you of the desire to early repay the entire mortgage loan or part of it with the parent capital.
- Visit the branch of the Pension Fund at the place of residence, providing the passport details of the parents, the birth certificate of the second or third child, a certificate from the place of work, as well as a certificate from the bank about the outstanding debt.
- Wait for the Pension Fund to consider the application for the disposal of materkapital funds and transfer them to the bank within two months in order to repay the housing loan.
The procedure for endowing family members with shares
Allocation of shares to spouses who are married and live in an apartment purchased during it is possible only after the full repayment of the existing mortgage loan. In this case, the division of ownership must be carried out within six months after the removal of the encumbrance from the dwelling. To remove the collateral from real estate, the current owner needs to obtain a certificate of the absence of debt from the bank and submit an application to Rosreestr.
After considering the application, the owner is issued a certificate of state registration of ownership of real estate without a mark on the presence of a mortgage encumbrance (starting from 2017, an extract from the USRN is issued). As soon as the bank deposit is officially withdrawn, you need to choose the procedure for dividing the property, which depends on whether both spouses are the owners or only one of them. Thus, in order to allocate shares, spouses can:
- conclude an agreement;
- conclude a donation agreement;
- go to court if an agreement between the parents has not been reached, or one of them avoids signing the contract (according to the established practice, the spouses are usually endowed with equal shares by the court).
So, if the owner of the living space is one of the spouses, he must first allocate a share to the second spouse, concluding an agreement with him on the division of jointly acquired (acquired in marriage) property. Then, once the apartment is shared between the husband and wife, they can proceed to endowing their children with shares.
The procedure is carried out on the basis of drawing up a donation agreement (donation) for a share or an agreement on the distribution of shares to children. If the children have not reached the age of majority, one of the parents has the right to act on their behalf (sign contracts, submit an application). At the same time, the interests of children (as well as other family members) in relation to the size of the share are taken into account regardless of their age and position.
If both spouses are endowed with ownership of real estate, they can immediately conclude a donation agreement or agreement for each child of the children (with shared ownership of housing). In the case of joint ownership, it is necessary to act in the same way as in the previous case - to conclude an agreement on the division of jointly acquired property, and then transfer the shares to each child through the appropriate documentation.
