Maternal family capital (MSC) is designed to financially support the family in which the second child is born. But can and should the child's father receive something? In fact, the distribution of capital funds between family members is out of the question. The husband can receive personal benefit only in certain cases.
Can a husband get a MSC
The mother of the child usually receives the maternity capital. The father can act as the recipient in rare cases if:
- the child's mother has died;
- she is deprived of parental rights;
- she has deliberately committed a crime against her child or children;
- a man is the only adoptive parent of a child.
In the first three cases listed above, a legal husband can get a matkapital, even if he is a foreigner. A prerequisite is that funds must be spent on the territory of Russia. According to the last point, it is necessary that the man has Russian citizenship.
In any case, maternity capital cannot be divided between husband and wife. In the event of a divorce, the right to use the funds remains with the spouse who received the MSC. That is, as a rule, with the wife.
What a husband can get when buying a home with a maternity capital
The state has provided for several ways to use MSCs. Of these, the family chooses the more convenient for themselves. But the most popular option is when the capital is directed to the purchase of housing.
In this case, the purchased apartment or house must be registered in the common property of family members. That is, if the wife is the buyer, she is obliged to allocate shares to all the children and the spouse. If the buyer is a husband, then he does the allocation of shares.
If housing has already been bought or is being bought into the ownership of one or some family members, then the Pension Fund requires a written commitment to register an apartment for everyone. Such paper must first be certified by a notary.
There may be an option when the family immediately buys housing in common shared ownership and only then channel the funds of the capital to pay off the mortgage loan. In this case, it is not necessary to bring an obligation to allocate shares to the Pension Fund.
But what size of the share should be allocated to each household is not stipulated by law. Some families prefer to give everyone the same amount of square footage. It happens that the main owner of a home writes off only a fraction of a percent to children and spouse. Sometimes the wife (husband) draws out large shares for herself and the children, while the spouse gets symbolic squares.
In any case, you should not be greedy in relation to your own children. It must be remembered that the allocation of large shares in the apartment will help protect the interests of the guys in the event of a divorce or your premature death.
Some regions may have their own recommendations on the size of shares in the apartment, which must be allocated to family members. Just in case, the question should be clarified in your branch of the Pension Fund.
What does a husband get with other uses of MSCs
If the family decides to send the MSC to the education of the child, then the husband does not receive anything directly. But he gets an indirect benefit, since he does not have to fork out for educational services out of his pocket. The same can be said when the capital is used to purchase goods or services for the social adaptation of a disabled child.
If it is decided to leave the money for the mother's pension, the husband does not receive anything personally for himself either.
Monthly allowance from the funds of the MSC
Since the beginning of 2018, families with a small income can receive money from the mother capital in the form of a monthly allowance. It is necessary if the child was born this year. At the same time, the income for each person in the family should not exceed the regional subsistence minimum by more than one and a half times. This allowance is paid until the child is one year and six months old.
The owner of the certificate for the MSC receives the allowance, that is, almost always the mother. What exactly the money is spent on is not controlled by the state. The recipient of the allowance can spend money on the child, her needs, and her spouse. But the husband is not entitled to claim any share of this allowance.
