According to statistics, there are still a huge number of families that have a "mother" certificate, spend the money received on it to make housing better. This trend is understandable: the housing problem for Russians today is more relevant than ever. But sometimes you have to refuse apartments purchased through the above certificate: someone is not satisfied with the area of residence, layout, footage and so on. In this regard, many are asking: “Is it possible to sell an apartment bought by maternity capital?” The answer to it will be positive, but some nuances should be taken into account, which will be discussed in this article.
To sell or not ...
As a rule, the owners of the certificate do not particularly think about how to sell an apartment purchased under maternity capital. As they say, they don’t look in the teeth for a gift horse.
In addition, the troubles associated with the legal registration of real estate take a lot of time and effort. Nevertheless, the option of expanding square meters through the sale of apartments purchased through a "parent" certificate should not be discounted. In fairness, it should be emphasized that this procedure can be fraught with certain difficulties.
Specific steps
Firstly, the rights and interests of minor children who have a share in the apartments should be taken into account - this is controlled by state structures in the person of guardianship and trusteeship bodies. You do not know where to start solving the question: “How to sell an apartment bought with maternity capital?” Tip: prepare a package of documents for the above state structure. In other words, you should get the go-ahead for a deal with the sale of an apartment by the state.
Parents must inform this agency about the alienation of immovable property acquired through the “parent” certificate. They must prove that as a result of the transaction, housing conditions will not deteriorate, and the rights of the offspring will not be violated. At the same time, the family does not have to sell the “cherished” apartment: the option of exchanging housing for a more spacious one is allowed. If, however, there is an intention to sell the apartment, then the new mansions should be located in a more prestigious area. Otherwise, the process of buying and selling housing may not take place at the initiative of government agencies.
Things to keep in mind
There is another important aspect in considering how to sell an apartment purchased with a maternity certificate. We are talking about a situation where a family in which the only source of income is the available housing is planning a deal to alienate the apartments, and a decision is made to transfer the children to an orphanage. Here, government agencies can approve the sale of an apartment only if the parents' intentions are confirmed in writing.
In parallel, parents must open a deposit in the bank in the name of the child, which the state will take care of, and “deposit” a sum of money equivalent to the cost of a share in the sold real estate.
Documents
Those fathers and mothers who have a very distant idea of how to sell an apartment bought for maternity capital will be interested to know about the list of documents that are transferred to the department dealing with guardianship and trusteeship issues.
First, you must fill out applications from the father and mother of the minor child. You will also need a statement from the minor (if he has reached the age of 14).
Secondly, it is necessary for all parties to the transaction to provide passports and their copies.
Thirdly, you will need receipts written by all homeowners in which they do not mind that a minor child is involved in the transaction.
Fourth, documents of title for the object of sale should be provided (“pink” certificate, a certificate from the BTI on the estimated cost of housing, an apartment plan, a certificate that reflects the state of financial accounts and confirms the absence of debt for utility bills).
The interests of the child above all ...
When considering how to sell an apartment bought for maternity capital, the following circumstance should be taken into account: the state will agree to a deal on the alienation of housing, if it is sure that the same amount (or more) of square meters will be allocated to the child in the new apartments. meters, as in the old. If the area acquired by the choir exceeds the area of the old ones, then the proportion of the minor offspring should be increased without fail.
What else should you pay attention to those who do not know how to sell an apartment bought for maternity capital and buy another? It should be remembered that the transaction for the acquisition and disposal of real estate in terms of the time period should be simultaneous. In other words, the registration procedure for both contracts is necessary in parallel.
Do you want to sell an apartment bought with the help of maternity capital? Do not forget that the transaction will be legal only if it is notarized.
Taxes
It is very important to remember that, when making transactions with housing, you will have to pay taxes. If the apartment is registered in the property for less than three years, then the amount of deductions to state revenue will be 13% of the value of the property.
Another nuance
The question of how to sell an apartment bought under maternity capital is fraught with another pitfall.
An agency that oversees the custody and trusteeship area can “reject” the deal if it turns out that the owners of the parent certificate after selling the old apartment intend to purchase a new one on credit. A banking institution is unlikely to provide collateral for real estate after learning that minor children will be among the “potential” owners. Officially, they can recognize the ownership of square meters only after the material obligations to the credit institution are fully fulfilled. Consider the mortgage issue in more detail.
Risks for apartment purchasers using MSCs
After we find out whether it is possible to sell an apartment bought for maternity capital and buy another, it would be useful to consider a situation when a family acquires square meters on credit with the help of MSCs, and after some time after paying off the debts decides to act as a seller of this housing in order to purchase more comfortable.
As already emphasized, if the apartments were bought as part of a mortgage, then you can’t immediately pay off the entire amount of the debt. The fact is that the bank will not agree to a pledge agreement if it establishes that the owners include adults. Naturally, the process of allocating a share in this situation is “frozen” until the credit institution receives its money back. At the same time, the father and mother of incompetent offspring must submit notarial guarantees to the Pension Fund that within 6 months from the date of repayment of all debts to the bank, they will draw up all the documents properly. The problem is that the implementation of the above guarantees is not legally regulated, and parents often neglect their obligations. In a difficult situation, only those who are potential buyers of an apartment from an “unscrupulous” father or mother remain. The thing is that, having reached the age of eighteen, the children of the latter can challenge such a transaction in court, and it does not matter whether the parents deliberately “delayed” the moment or by negligence. In any case, before concluding such transactions it will not hurt to use the services of a qualified lawyer.