Sale of maternity capital: documents and implementation procedure

Maternity capital is a unique product that has no analogues in world practice. This state plan began in 2007. And it is financial assistance for those who have second and subsequent children in their family after 2007.

Indexation led to the fact that the original amount of assistance doubled. Now the benefit amount reaches 453 thousand rubles. This money is not received in cash. But there is an opportunity to spend them on solving pressing problems related to training or living in appropriate conditions.

About the conditions for obtaining a certificate

What is mat capital?

The main requirement remains the birth of a second child after 2007.

There are the following facts, without which it is not recommended to start registration.

  1. Capital is issued only once per family.
  2. Money can only be spent on certain purposes established in advance by the state.
  3. Only genuine certificates in the established format can confirm the very right to receive assistance.
  4. It is possible to apply criminal penalties for those who try to cash out funds or use them for other purposes.
  5. There are no restrictions on the period of use of certificates.
  6. The products can be used no earlier than the child reaches the age of three years.
  7. Russian citizenship remains a prerequisite for receiving assistance.

Anyone who has a second child in their family has the right to help. Even the fact of adoption does not cancel this right. Most often, certificates are issued to mothers. If the father has become the only parent or adoptive parent, then he can count on government subsidies.

Expert opinion

Elena Fink

Legal expert on benefits.

Legal consultation

This right may cease for both the father and the mother due to certain circumstances, and then this type of state subsidy can be issued to a child from this family or children in equal shares, up to 23 years of age. With the condition that until this age he (they) will be full-time students in educational institutions of any form and the education received will not be considered additional education.

The Pension Fund is the government body that deals with this issue. The same structure monitors how funds are used.

Certificates can be issued remotely if it is not possible to personally visit the PF office. Collecting documents and the registration procedure itself is not particularly difficult. This is confirmed by those who have already dealt with the issue.

It is not necessary to apply to the Pension Fund immediately after the child is born. And after a few years, no one will stop you from registering the funds. Nobody forces you to use funds right away.

Benefits can be not only federal, but also regional.

Package of documents maternity capital

Advice from lawyers:

1. What package of documents is needed to purchase housing using maternity capital?

1.1. 1.Certificate of ownership of housing. 2 Appraiser’s conclusion on the cost of housing, cadastral passport for housing. 3 Technical passport for housing. 4 Notarized consent of the wife or husband for the sale of housing.

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1.2. It depends on the age of your child. If you are 3 years old. Find an apartment that is suitable for you, enter into a preliminary agreement, present this agreement with all documents for housing and land to the pension for approval. After inspecting the property, the pensioner agrees to conclude a purchase and sale agreement. Only after this do you enter into the contract itself and register it. The package of documents depends on what you are purchasing: if an apartment, then a cadastral passport for the apartment, documents confirming the seller’s ownership of this object.

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2. What package of documents must be collected to sell a house using maternity capital?

2.1. The same as without maternity capital. It is the buyer who collects the documents necessary to obtain permission to use maternal (family) capital funds for the purpose of purchasing residential premises. This does not concern the seller. The only difference is that the money will be transferred to you by the Pension Fund of the Russian Federation to your bank account.

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3. We are buying an apartment on a mortgage using maternity capital, we have collected a package of documents, and a representative of the guardianship authorities tells us that he has permission from his ex-husband, he is not involved in raising the child and we do not know his whereabouts. How should we deal with this situation?

3.1. Good afternoon, you need to submit an increase in the sale of your husband’s last place of residence, perhaps he will receive it. It is also best to provide the guardianship authorities with a court decision on the divorce and with whom the child lives.

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3.2. Denis, hello! Could you please explain for what purposes you needed the guardianship and trusteeship authorities to purchase living space? I would like to note that the allocation and subsequent control over the use of maternity capital funds is the responsibility of the Pension Fund. When applying for a certificate, the mother of the children provides their birth certificates, as well as a court decision and a certificate of divorce - there are no grounds for refusal in this case. Additionally, I recommend filing a claim for deprivation of the parental rights of the child’s father (in the event that he actually withdrew from participating in the upbringing, did not pay money, and his whereabouts are unknown).

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4. 11.2019 I submitted a complete package of documents to receive regional maternity capital for 3 children. There was a refusal that when the child was born he was not a citizen of Russia. The child was born in 2012 but acquired Russian citizenship in 2014. I would like to point out that I received federal mat capital without any problems.

4.1. Hello! Maternity capital for a third child in the Stavropol Territory has been abolished. For this purpose, the regional law of December 2, 2020 No. 127-kz “On the recognition as invalid of certain provisions of legislative acts of the Stavropol Territory” was adopted, in which, from January 1, 2020, the following previously introduced provisions were declared invalid: on the provision of maternity capital in the amount 100 thousand rubles at the birth, starting from January 1, 2011, of a third child or subsequent one (clause 3 of article 1 of law dated December 2, 2015 No. 127-kz); on postponing the start date of its payment to January 1, 2020 (clause 8 of article 1 of the same regional law - see the link to the text of the document above). This means that its payments are not planned not only in relation to third and subsequent children born after 01/01/2016, but also in relation to children born during the operation of the Stavropol regional program “on paper” - from 01/01/2011 to 31/12 .2015 All references to regional mat capital from the law on social support for large families in the Stavropol Territory were completely excluded from January 1, 2016. No one in the Stavropol Territory received these payments and one should not expect them from the regional leadership.

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5. Tell me, I submitted a package of documents to the pension fund for monthly payments from maternity capital. How many days will it take for my application to be processed? Thank you.

5.1. Hello. 30 days.

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5.2. Hello! An application for the disposal of mat capital is subject to consideration by the territorial body of the Pension Fund of the Russian Federation within a month from the date of receipt of the application with all the necessary documents. Based on the results, a decision is made to satisfy or deny the application for disposal.

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6. What is the sequence when buying and selling a house with a plot for maternity capital (first draw up a purchase and sale agreement, and then contact the pension fund, or vice versa - first submit a package of documents to the pension fund, and then conclude an agreement?). And what documents do both parties need to collect? Thank you in advance.

6.1. Hello Maria! Have you received your certificate? If yes, then first find a house, enter into a purchase and sale agreement, submit documents for state registration of the transfer of ownership (MFC or directly Rosreestr), receive registered documents and after that only submit an application for the disposal of funds. capital (MFC or PFR). But first of all, get advice from a Pension Fund specialist and a list of documents, with a sample purchase and sale agreement.

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7. I am buying an apartment, which package of documents must be provided by the sellers, in addition, the apartment was purchased with the payment of maternity capital.

7.1. Good afternoon. Buyers give a notarized obligation to allocate shares to children in the Pension Fund (pension fund) in the event of purchasing an apartment using maternity capital. After this, maternity capital is credited to the account. In the future, buyers of apartments using maternity capital do not always fulfill their written obligations to allocate shares to children; therefore, when selling such an apartment, there is a risk that the transaction will be canceled by the court. (children's rights were violated). To avoid such negative consequences, when purchasing such an apartment, it is necessary to obtain the written consent of the guardianship and trusteeship authorities for the transaction, which are obliged to verify the fact of allocating shares to children. In addition, you need: an extract from the Federal Reserve System from the Criminal Code about the absence of debts, as well as about the absence of debts for electricity, an extract from the Unified State Register for the apartment about the absence of encumbrances no later than two days before the transaction, title documents for the apartment (extract, certificates of title to the apartment have now been canceled ), purchase and sale agreement 3 copies, copies of passports (originals), payment of state duty. You also have the right to contact a notary to complete the transaction in order to ensure its purity.

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8. I am selling an apartment through a real estate agency. Buyers have a mortgage + maternity capital. The sale is coming to an end, is the entire package of relevant documents signed at the MFC or bank? The realtor says that first I need to sign everything at the MFC, but I will receive the money only after 7-10 days, is that true?

8.1. You can sign the documents at the MFC or at the bank, it doesn’t matter. And you need to submit it for registration at the MFC. You will receive the money after state registration of the transaction.

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9. I'm interested in this question! I lived with a young man! I already had one child, I gave birth to another child from him and purchased housing with maternity capital! I registered him in this housing (dorm room). The room has been decorated for me and my children! Can I write it out? If so, how is this done and what package of documents is required? He is in the Correctional Colony (not for the first time). I was the only one who paid the utilities.

9.1. Yes, you have the right to do this. To do this, you need to contact the district court at your place of registration with a statement of claim. In your application, you will have to describe the entire situation and attach certain documents.

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10. The bank approved the mortgage with a down payment of 10% in cash (own funds) + maternity capital (453 rubles). Having announced special conditions: subject to registration of ownership of the purchased apartment in the name of the spouse. (Motivating that the initial contribution is maternity capital, which is registered in the name of the spouse.). The borrower is the husband with a full package of documents, the co-borrower is the wife without indicating her place of work and a certificate of income.

10.1. The question is what. The bank has the right to establish conditions in the agreement that suit it, including those regarding co-borrowers and guarantors, and these conditions are not imposed, because if you don’t like something, you can contact another bank.

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11. I have a mortgage on my house, I want to add my son to the list of borrowers so that he can use maternity capital, the bank suggested that I collect a package of documents and draw up a draft agreement on the basis of which ownership will be transferred, they advised me to find it on the Internet, help please make it up! And another question: WHAT is better in this case to make a purchase and sale agreement or a gift agreement?

11.1. Hello, we will be happy to help you draw up any contract, but this is a service that is clearly not free, because... requires more time than a simple consultation on the website.

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12. We have a consumer loan, in which we indicated the purpose of the purchase - buying a home. We collected a package of documents for the use of maternity capital to close this loan. Can we be refused? Documents: copy of loan, certificate of loan balance, copy of passports, copy of marriage certificate, copy of SNILS, obligation from a notary.

12.1. Hello, dear Elena. Of course, you will most likely be denied, since it is not a mortgage. You will then have to go to court and force the PF to transfer money to the bank (the practice is positive in your favor). Good luck to you in resolving your issue.

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12.2. Hello, they may refuse because the consumer loan is not targeted. You could spend the money on anything. Good luck and all the best.

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12.3. Good afternoon, dear visitor! They may refuse in this case, at the discretion of the bank only. All the best, I wish you good luck.

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13. How can I sell an apartment with a debt of 200,000 thousand for maternity capital? What package of documents is needed for a purchase and sale transaction?

13.1. Like an apartment without debt. You just need to settle the issue of paying the debt: either it remains with you, or the buyer will pay it.

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14. I want to cash out maternity capital? Through a purchase and sale agreement. What package of documents is needed?

14.1. Good afternoon, dear visitor! Cashing out maternity capital is strictly prohibited by law, liability up to criminal. All the best, I wish you good luck.

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14.2. Hello, Angelina! Cashing out maternity capital is not legal. You may be subject to criminal liability for this.

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14.3. Good afternoon For cashing out maternity capital, criminal liability is provided under Art. 159 of the Criminal Code of the Russian Federation, therefore only spend it on the purposes specified in Federal Law No. 256. Lawyers do not provide advice regarding illegal actions.

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14.4. Hello, Angelina! Cashing out maternity capital is prohibited by law; you may lose all funds and be held liable. With respect and readiness to help, STANISLAV PICHUEV.

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15. I am selling a house for 2 maternity capital. The purchase and sale agreement was concluded, a package of documents was collected and the ownership of the buyer was registered, and shares were distributed to her children. But the pension fund and social The defense refused to accept the documents, because the certificate of suitability of housing contains the following wording: “Suitable for living subject to thorough repairs” What to do?

15.1. The prosecutor's office, in accordance with their powers, resolves statements, complaints and other requests containing information about violations of laws.

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15.2. There is no such formulation as “suitable for habitation subject to major repairs”; a house is either suitable for habitation or not. Therefore, the pension fund’s refusal can be appealed, including to the prosecutor’s office or to court.

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16. I have a question... I am officially married to a foreigner. A child was born in the marriage, I’m expecting another one. I stood in line as a young family (I stood in line as a single-parent family: me and the child). At the birth of my second child, using maternity capital (by registering real estate in my husband’s name), can I hope for payment to the young family? I know what to make changes and supplement the package of documents (in order to stay in line) with the birth of a second child.

16.1. GOOD DAY If YOU have registered the property in your husband’s name - nothing will work out for you - IT must be registered in your name. GOOD LUCK TO YOU AND ALL THE GOOD.

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17. I have a problem of this nature: - I have lost my birth certificate, but I have a photocopy of this certificate, can I be given a duplicate based on this copy? I am now urgently collecting a package of documents for maternity capital and the only problem is the loss of my birth certificate.

17.1. Hello. A duplicate certificate is issued based on your written application and payment of the state fee. A copy of your certificate is not needed.

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17.2. Hello, Elena. Lost your child's birth certificate? If this is the case, then you must pay the state fee again and you will be issued a new birth certificate. Thank you for visiting our site.

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18. Please advise me on the issue of opening a Limited Liability Company. I want to open my own targeted loan for maternal family capital, I am interested in the package of documents that need to be collected in order to start issuing loans.

18.1. Hello. Opening an LLC will not be a problem. However, using maternity capital for purposes other than those provided for by law is prohibited.

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19. Please advise me on the issue of opening a Limited Liability Company. I want to open my own loan against my mother’s family capital, I am interested in the package of documents after opening an LLC.

19.1. Good afternoon. You cannot open a loan against mat capital. Mat capital can be spent on improving living conditions, mother’s pension, children’s education, rehabilitation of disabled children.

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20. Please advise me on the issue of opening a Limited Liability Company. I want to open my own loan against my mother’s family capital, I am interested in the package of documents after opening an LLC.

20.1. Hello. Maternity capital dash state support. Its use is possible strictly for the purposes specified in the law. Use of maternity capital funds other than for their intended purpose entails criminal liability.

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I'm currently in the process of divorce. I want to buy an apartment and use maternity capital. Can I do that? What package of documents is needed for this?

We are buying an apartment using mat. capital through a real estate agency,

We bought a house with maternity capital, can we return the interest from the tax office, if so, what package of documents do we need to collect?

We changed our minds about buying an apartment. Execution of a package of documents under the agreement at the expense of maternity capital.

What package of documents should I collect to buy a house with maternity capital? The Pension Fund of the Russian Federation simply explained it to me in a very inaccessible way ( ( (

What package of documents must be collected to cash out maternity capital to purchase a home through a bank?

A year ago, I took out a loan of 423,000 for the purchase of housing, towards maternity capital funds,

A refusal was received from the Pension Fund to use maternity capital, indicating the reasons.

The Pension Fund of Russia refused to use maternity capital due to the absence of a checkpoint in the bank details.

I am selling a house in the village. A buyer was found who wanted to purchase it using maternity capital, but the transaction, instead of the PF, would go through a certain cooperative.

What package of documents must be submitted to social security to purchase a car using regional maternity capital?

Procedure for registration

For which child is mat capital issued?

The sequence of actions after the birth of the second child will look like this:

  1. We contact the registry office to issue a birth certificate for the child.
  2. The citizenship of a child is an issue that should be dealt with by one of the local branches of the FMS.
  3. Next, proceed to the application itself to obtain a certificate. All that remains is to collect all the documents and visit one of the branches of the Pension Fund.
  4. You need to wait a maximum of a month for a decision.
  5. A certificate is issued if a positive decision is made on a particular issue.

We collect and prepare documents

Maternity capital: what documents are needed to obtain: tips
What is the algorithm of actions for obtaining mat capital?

Pension Fund employees keep documents for several weeks. Therefore, an advisable solution would be to create copies.

As for the list of papers itself, it will be standard for all departments.

  • Pension certificate, if available.
  • A document confirming the fact of adoption.
  • Information about registration in case of missing registration information.
  • A document describing the citizenship of the minor.
  • Documents for all other children, including the second child.
  • Passport from the applicant.

Documents are transmitted in person, via the Internet, or by mail, with the help of representatives.

Submitting an application to the Pension Fund

What are the registration rules?

Documents must be accompanied by an application drawn up in a special form. Standard forms can be easily found in the branches themselves, or printed from the official website.

Or find it on other specialized projects.

If at least one mistake is made in the application, it will have to be rewritten.

The following details are required:

  1. Contact details.
  2. Status and place of birth along with full name.
  3. Information about registration or place of permanent residence.
  4. Data from pension certificates.
  5. Passport details.

Latest news

Maternity capital in 2020: changes, latest news for 2 children

On January 15, 2020, in his Address to the Federal Assembly, President Vladimir Putin took the initiative to extend maternity capital until December 31, 2026. In addition, the president proposed issuing maternity capital for the birth of the first child.

Maternity capital for the first child will be available to the families in which he was born, starting from January 1, 2020. The certificate funds, in this case, will be paid in their current volume: after indexation for 2020, this is 466,617 rubles.

Maternity capital for the first child in 2020
Fragment of the transcript from the official Kremlin website

The President also proposed increasing the amount of maternity capital by 150 thousand rubles. The family will become entitled to additional funds after the birth of their second child. In this case, the total amount of maternity capital for a family with two children will be equal to 616,617 rubles.

In the future, this amount will be indexed annually. At the same time, as Vladimir Putin said, if a family already has one child, then at the birth of the second, maternity capital should be provided in an increased amount.

Maternity capital in 2020 - changes for 2 children
Fragment of the transcript from the President's speech

At the moment, the maternity capital program is valid until December 31, 2021. When

the program will be extended

, then families in which the child is born or adopted will be able to count on the certificate

until December 31, 2026

. At the same time, it will be possible to receive a certificate and manage its funds even after the program ends.

Two bills concerning the state maternity capital program are currently under consideration in the State Duma:

  • No. 846971-7 - if accepted, the funds from the certificate can be spent on building a residential building on a garden plot;
  • No. 839769-7 - the bill will allow the use of maternal capital to pay for a kindergarten organized by an individual entrepreneur.

Later, Vladimir Putin also instructed the Government of the Russian Federation to consider the possibility of installing gas, water supply and sewerage systems at the expense of capital. In addition, the President of the Russian Federation supported the initiative to use certificate funds for operations. However, no bills proposing these changes have yet been introduced into the State Duma.

The following proposals to change the conditions of the maternity capital program are also being considered: The Ministry of Construction has prepared changes to the law on maternity capital, which will allow it to be used to purchase housing through escrow accounts.

More on the topic How to get FSD for retirement in 2020: necessary documents, amount and terms of receipt

On May 29, 2020, during the report “Demography 2024. How to ensure sustainable natural population growth in the Russian Federation,” a proposal was made to introduce paternal capital in Russia. However, the head of the Ministry of Labor Maxim Topilin noted in this regard that he does not understand the idea and logic of the authors of this initiative.

We are waiting for a decision, we receive a certificate

If all documents are in order, we receive a certificate

It takes a maximum of a month to review any applications. If the decision is positive, the applicant is informed about this no later than five days later.

They are informed that the documents have been accepted and reviewed.

The accuracy of the information provided by the applicant must be verified within exactly four weeks.

Pension Fund employees check whether there are any circumstances that prevent the receipt of certificates.

Several events are taking place:

  • Verifying the authenticity of the information provided.
  • Experts are finding out whether any restrictions or penalties have been imposed for violations of the rights and interests of the child.
  • The issue of deprivation of parental rights, if any, is being studied separately.

If the decision is positive, then the parent can receive a certificate in the prescribed form. And use the assets for three years after birth.

The document cannot be considered confirmation of the receipt of money. This is only proof of the right to disposal itself. Any transactions in connection with the issuance of a certificate are also controlled by the Pension Fund.

What can you spend it on?

The main thing is that the interests of the family are respected when selling funds. Experts do not advise rushing to invest these funds anywhere.

Unless there are pressing and serious problems related to housing at the moment. Every year there are more and more interesting areas for using maternity capital funds.

Improving living conditions

This is one of the most popular areas for using government assistance. There are several options for resolving this issue, provided all conditions are met:

  1. Buying an apartment or house using capital.
  2. Applying for a loan from a bank. Then maternity capital will serve as a means of support.
  3. Mortgage repayment.
  4. Home construction.
  5. Carrying out housing reconstruction.

Pension Fund employees make a decision on whether or not the money can be used to obtain one of the opportunities described earlier. In this case, to issue funds, they turn to banks that work with the maternity capital program.

Expert opinion

Elena Fink

Legal expert on benefits.

Buying a home with cash

It is possible to exercise the right to maternity capital even when purchasing housing with your own funds. For this, the following conditions are taken into account:

  • the child for whom the certificate was issued must be three years old;
  • you need to warn the seller of the selected property in advance about the use of maternal capital, since the Pension Fund allocates funds after a thorough check of the transaction and the property;
  • first, a purchase and sale agreement is concluded, after which the documents for housing are transferred to the Pension Fund;
  • the decision is made within two months, after which the seller receives the required amount of funds.

If any documents are missing or it is determined that the transaction is not legally clear, then no funds will be allocated.

Realization of maternity capital: documents and implementation procedure - law, law, immigration, how to correctly understand Russian legislation - all on News4Smart.ru

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