Many citizens are interested in the question: how to sell an apartment that was bought with maternity capital? Although today in young families all funds are spent precisely on purchasing new housing, and improving living conditions is considered one of the directions provided by the law, nevertheless, in some cases it may be necessary to sell housing.
After the birth or adoption of a second child, all families are provided with powerful financial support from the state of our country - the so-called maternity capital. It can be spent on ensuring that children receive an education, or simply improve not very comfortable living conditions. According to statistics, it is the last option that is most often chosen by many parents. The received certificate will certainly help to solve the problem of not having your own home. And young families often use this opportunity. Matkapital is the only option for many.
How will the sale be carried out?
Under federal law, housing that was bought with maternity capital becomes the property of all members of a particular family. These include dad, mom, and children. As a rule, the shares are unequal. If we talk about the maternity capital provided, then there are no restrictions at all, as well as bans on the sale of an apartment or a small house. But not only family, but also civil legislation will always protect the rights of minors.
After all, the child is also the owner of the apartment. For this reason, it is important for the sale to obtain the consent of the guardianship officials. At the same time, it will not be possible to somehow ignore this issue. The fact is that during the sale, you will have to make a deal, which will be noted in Rosreestr. If such a document is not provided, then you will simply be given a refusal. The document is usually valid for three months. If the term of the sale permit expires, and the young parents simply could not register the deal, then they will have to start drawing up a new document.
To sell an apartment, you will have to contact the guardianship staff, and at the place of residence. The parents themselves must write one application. Before that, an employee must certainly come from the guardianship authorities and be sure to conduct an interview not only with the parents themselves, but also with the children.
The following documents may be required:
- consent to the sale of a share from the child himself, if at the moment he is fourteen years old;
- the passport of the mother and father of the child;
- documents for purchased housing;
- divorce certificate (if necessary);
- documents and for the housing being sold;
- marriage certificate of parents;
- baby's birth certificate.
In order to issue a sale permit, the guardianship authorities will certainly have to understand that the interests of the child himself will be respected. He should be given the ownership of a share in a new apartment, and no less than it was in the old house. For this reason, it is necessary to simultaneously make not only the sale of old housing, but also the acquisition of a new one. You will have to find the desired apartment, and then conclude an agreement regarding the sale and purchase. As you already understood, all the money from the sale of housing cannot be spent on something other than the purchase of a new apartment or house.
To obtain permission from the guardianship authorities, you will have to attach the purchase and sale agreement to other securities. The guardianship authorities can also leave for a new apartment in order to make sure that the interests of the child will in no way be violated. If you buy the house itself in installments, or if you plan to enter more people into the apartment, then you will not be able to sell the old apartment.
When the authorities finally make sure that the interests of the small child are being respected, they will finally give permission, and within a few weeks after the submission of all documents. The only option when nothing can be done is if the first apartment was bought with capital on a mortgage, and new housing will be taken on credit. The fact is that if the loan is not repaid, the old apartment will certainly act as collateral. But in case of non-payment, the authorities cannot take her away due to the fact that minors are registered there. In conclusion, it should be said that only you can decide whether you want to sell the apartment or not. Some people prefer to simply make repairs in it, improving living conditions, as well as property. Others are putting all their efforts into ensuring that children receive a decent education and find high-paying jobs in the future. Therefore, it is worthwhile to have a family meeting with your spouse and all children on time, as is often done before making an important decision regarding the second child. Practice shows that this is the best option. The choice is only yours! Also on the network, you can read reviews and messages on the forums about this process, as well as contact a lawyer to simplify the path and start drawing up paperwork.
