Young parents who have outstanding administrative debts are often interested in whether it is possible to seize an apartment purchased with maternity capital. The probability of applying such a measure by the state does exist, however, only under certain conditions.
The methods of seizing property from the debtor are specified in the Federal Law “On Enforcement Proceedings”. In accordance with it, real estate refers to personal property, which can be written off in the account of the existing debt (to state and credit organizations, as well as civil and legal entities). Nevertheless, article 446 of the Civil Procedure Code of the Russian Federation states that a dwelling is not subject to collection if it is the only dwelling for the debtor and his family members.
Article 446 of the Code of Civil Procedure of the Russian Federation does not apply to housing that is in a mortgage. Its owner is burdened with financial obligations to a credit institution and the full right to alienate and other transactions with real estate passes to him only after the debt to the bank is fully repaid. Thus, a mortgage apartment can be withdrawn to pay off the debt, even if maternity capital was used as a down payment.
If the apartment was bought with maternity capital and is not a mortgage, for further clarification it is worth referring to the Federal Law "On additional measures of state support for families with children." In accordance with it, the living space purchased for the maternal capital is formalized as the common property of all family members, including children. Each of them receives a share of real estate, in accordance with the concluded purchase and sale agreement or current legislation.
From the above, it follows that measures to seize property from the debtor should be applied taking into account the size of his share in residential premises. If the apartment is not the only place of residence of the debtor and his family members, during the enforcement proceedings, the debtor may be deprived of his share, but not all of the property. In this case, the seizure of property should be carried out in agreement with other equity holders of the premises and taking into account their interests.
If the apartment is the only one where the debtor and his family members live, including minor children, the final decision is made in favor of the owners. This means that an arrest is imposed on the share of the person who violated the law and has a debt: the citizen is deprived of his rights to it until the full repayment of the existing debt.
The arrest continues until the debt is paid off or the children of the defendant reach the age of majority, when they will be able to independently dispose of the existing share of the real estate. If subsequently all participants in shared or joint ownership agree to alienate the debtor's property, the court or the creditor has the right to demand from him the sale of his share and the direction of the proceeds from the sale to pay off the existing debt.
It should be noted that the share of real estate under arrest cannot be privatized or transferred into the possession of other persons or organizations by participants in common property. In case of inaction on their part, as well as on the part of the debtor, the creditor or the court has the right to collect the existing debt by selling the seized share of the real estate at a public auction.
Bailiffs or credit organizations do not have the right to seize all real estate or its share from the debtor without prior notification of these actions. After a certain decision is made by the court, a writ of execution is sent to the debtor with the requirement to pay off the debt within the specified time frame. Otherwise, the measures specified in the same document will be applied to him (taking into account the interests of other relatives living in the apartment and who are its owners).
