Today, we will be interested in maternal capital in the divorce of two people. This question worries many families. Indeed, in Russia there are quite a few divorces. Sometimes it is not difficult to break up the cell of society, and in some cases you have to try. Many problems and troubles are caused by the financial and property sphere. For example, the division of jointly acquired property. And what if the pair diverges if there is a certificate of the capital or in situations where the appropriate funds have already been invested in something? We will try to answer this question further. What should everyone know about the form of state support provided? How are the issued money divided? And what happens to the property that was purchased using the certificate? The answers to all this and not only will be necessarily discovered below. In reality, everything is much simpler than it seems at first glance. And therefore, even a person who does not understand anything in jurisprudence will be able to understand the topic being studied.
Description
Maternal capital during a divorce causes a lot of questions and disputes. First, find out what kind of payment we are talking about.
The mentioned payment is a form of state support. It is intended for all families with two or more children in education. Funds are allocated only to citizens of the Russian Federation.
Both people with natural children and adopted children can receive the appropriate certificate. The employment of parents, their financial situation and other life aspects do not play any role in the design of the capital. Money allocated by the FIU to specific needs.
Under current laws, the studied form of state support ideally relies on the mother. Women become recipients of appropriate funds. In addition, the following may apply for mothercapital:
- single parents;
- fathers of children (under certain conditions).
What else needs to be remembered about this form of state support? And what difficulties can you encounter during a divorce if you want to get the capital? And if the certificate is already available? We will have to figure out all of this further.
Payout amount
Maternal capital when divorcing spouses is a lot of trouble. Especially if the funds allocated by the state are already invested in something. But we'll talk about this a bit later.
First, pay attention to the size of state payments. The capital type of the Federal type (generally accepted, not regional) in 2018 is 453,026 rubles.
It is this money that spouses can spend on the needs of the family. And they are thinking of sharing at the dissolution of the marriage. But can this be done? And what will happen if there are several children in the family, and state assistance has not yet been provided at the time of the divorce of the parents?
What can I spend money on
Before dealing with the relevant issues, it is recommended to pay attention to how it is allowed to spend money on the issued certificate. Money is allocated by the state for specific needs.
At the moment, in Russia funds for mother’s capital can be spent on:
- repayment of a mortgage;
- down payment on a mortgage;
- purchase of an apartment without credit;
- reconstruction of housing or its overhaul;
- increase in mom's future pension;
- child education;
- home construction;
- treatment of minors;
- child rehabilitation and medication for this.
Most often, the money issued is used to improve living conditions. For example, a mortgage or housing. But at the same time, it is worth remembering that the spouses will be bound by special property rights. And it is precisely because of them that maternal capital during a divorce raises many questions.
About acquired property
Suppose a certificate issued in a marriage is invested in real estate. After the state has transferred the money to the account of the creditor / seller for the transaction, the spouses have special property rights.
Within six months from the date of the operation, it is necessary to determine the shares in the property of all family members - wife, husband, children. Moreover, in equal shares. This rule will have to be remembered. If neglected, parents will be forced to allocate shares in the property to children through the courts.
Accordingly, when the marriage is divorced, citizens are interested in what will happen to the purchased property. After all, if the money is spent exclusively on children, they will not be shared. And if they are directed to family property needs?
Type of property
Maternal capital after a divorce is a topic that needs special attention. Especially if people do not know what will happen to the state assistance provided to the family.
The thing is that matkapital is a kind of targeted assistance. She appears to the family under certain conditions, but one of the parents becomes the recipient of the money. For example, a wife.
Moreover, state aid of the type under study is not jointly acquired property. And therefore, if the certificate is invested in real estate, the former spouses have certain questions. We have to get acquainted with them and get rid of them further.
Certificate not attached
How to divide maternal capital in a divorce? Suppose that a state subsidy has been drawn up and issued, but it has not yet been invested in various needs.
In this case, the money allocated by the state is not divided. The certificate remains in the family. More precisely, the one in whose name he was issued. After all, the capital is not jointly acquired property.
This means that the subsidy is not subject to division. In any case, until the money was spent on this or that family need.
Apartment purchase
Is maternity capital invested in the apartment? Divorce will bring a lot of problems, especially in property matters. And even if the family has a marriage contract.
The thing is that under current law in the purchased housing are required to allocate shares to all members of the cell of society, if the property is purchased with funds from the capital. There can be no exceptions. This is simply illegal.
If a divorce is carried out, family members will own the shares of the apartment that they initially allocated. There are 4 people in the family? Then each of its members is entitled to a quarter of the apartment.
It follows that the mothercapital will not be subject to partition. In any case, when it comes to fully redeemed housing.
Mortgage
One of the most common options for investing maternity capital is an apartment (mortgage). Divorce under such circumstances will be extremely troublesome. Especially if you do not familiarize yourself with the basics of the current legislation.
Suppose a family invested a certificate in a mortgage. What happens if spouses come to divorce?
Does maternal capital divide upon divorce? As we said, no. Money and certificate remain with the recipient of funds. But what about mortgage lending?
Mortgage divorce with maternity capital is a phenomenon that is becoming more and more common. And there are several options for the development of events. Next, we consider each of them.
An initial fee
Suppose that the funds under the certificate under study were spent on a down payment on a mortgage?
In such circumstances, the spouses will receive 1/4 (ideally) property ownership. But without any problems it will be possible to dispose of the relevant property only with the full repayment of the loan for housing.
If the couple divorces during the payment of the mortgage, the capital is not divided in any way. But the debt to the creditor - yes. Spouses will have to pay a 50/50 mortgage, regardless of their shares.
Repayment of existing debt
The division of maternal capital during a divorce does not take place in Russia. Money in the form of studied state aid in the form of cash is not issued. Moreover, they are not jointly acquired property. So, the certificate will remain with the one for whom it was issued. Most often this is a spouse.
What should be done if in the family the funds on the capital were used to pay off the existing debt on the mortgage? In this case, the property is subject to the previously listed principles.
If the mortgage is closed, spouses can only claim their shares when the marriage is dissolved. With an outstanding loan for housing, the amount of debt will be divided equally. And each of the spouses will pay their share, even if less property is allocated to them in the apartment.
Mortgage Sale
How is maternal capital divided in a divorce? No, this is simply illegal. This alignment is not provided by applicable law. After all, the money allocated by the state is intended to support children, and not for parents / adoptive parents.
Sometimes spouses who are unable to resolve property disputes during the termination of marriage, decide to sell the apartment in order to share the proceeds. In real life, coping with such a task is problematic. And if the capital is invested in the apartment - it is almost impossible.
The bank will sell the apartment, deduct the amount of debt, and give the balance to the spouses. Money can be divided 50/50 or go to court to resolve the issue. Typically, spouses upon divorce will be entitled to an amount commensurate with the allocated share in the housing. And the "children's" parts will remain with the parent, with whom minors will live.
Redemption of shares
We have already studied the divorce in a mortgage with maternity capital. Now consider the simpler scenarios.
As we have already said, if the apartment is bought out, there will be the least problems with the dissolution of the marriage. Property in this case is in shared ownership. And each of the family members can claim their part of the housing.
In some cases, a decision is made to redeem an appropriate share from one of the spouses. Usually, the one who will live separately from the children - the husband and father of the family.
In such circumstances, the purchase of a share in the apartment is a legitimate transaction. It is carried out so that the mother and children can be full owners of the entire apartment in which the capital was once invested.
Isolation in kind
What else does maternity capital provide for a divorce? In some cases, purchased housing allows you to allocate shares in kind. For example, if the capital was put into the construction of a large house.
Allocation of shares in kind is carried out, as a rule, by the court. But if desired, the couple can conclude a peace agreement. It prescribes to whom and what rooms in the housing are laid.
Important: when allocating shares in kind, it is necessary that the second spouse has a separate entrance to the housing.
It is worth paying attention to the fact that far from always in real estate it is possible to determine shares in kind. What then?
Housing Compensation
Suppose that maternity capital has been invested in the purchase of the property. When divorcing spouses, it turns out that allocating shares in kind does not work. What to do to the former husband and wife?
The court or spouse may offer compensation for the share of the second spouse. In fact, after this the housing will belong to the children and the one who bought the property. This is usually a mother. After all, it is with a woman that minors remain in a divorce.
Compensation is the same as redemption. But as a rule, they face the first payment in court. The second is carried out voluntarily. There is nothing difficult or incomprehensible in this.
Right to capital
There are a few more issues that we have not addressed. For example, the rights to maternity capital in a divorce.
The thing is that the mother in this case does not lose the right to apply for the corresponding state support. As we have already said, single parents may demand an appropriate payment. This is completely legal. The main thing is that they have 2 or more children.
As practice shows, the right to mother capital remains predominantly in women. Men in Russia may be recipients of appropriate state assistance in exceptional cases. Therefore, they actually lose the right to additional state support.
When a man is entitled to capital
It is important to remember that divorce is not a basis for transferring rights to the mother capital to the father. Men can apply for appropriate state assistance only in certain circumstances.
Namely:
- a man is a single parent;
- the mother of the baby has committed a crime against her own child;
- adoption of the child by the mother is terminated;
- mom was found missing or dead;
- the woman for whom the state aid was planned to die died;
- wife / mother deprived of parental rights.
There are no more options for the development of events. In fact, if you carefully study the current legislation, there should not be any problems with the capital.
Conclusion
We studied how to solve the problem of maternity capital in a divorce. This money either remains with the mother, or the woman has the right to receive the corresponding state aid.
Property acquired using the mother’s capital is not jointly acquired. It is actually not subject to division. Each of the spouses will claim their share of housing. Mortgage during a divorce is also divided between husband and wife.