This is very important because over time it is necessary expand.

However, there are some restrictions when selling such real estate. Nevertheless it is possible to sell it.

To comply with applicable laws, it is recommended that you contact real estate agency. Specialists are always aware of the latest changes in implementation rules similar housing, so they will help get the deal done right.

Dear readers! Our articles talk about typical ways to resolve legal issues. If you want to know how to solve exactly your problem - call free consultation:

Sale of an apartment purchased using maternal capital

There are two nuances when selling such property:

1. if all members have reached the age of majority at the time of the transaction;
2. if there minors persons at the time of sale of the home.

It is necessary to consider all possible nuances more in detail.

No minors

In this case no problems with selling real estate, since all parties have the right to independently dispose of their shares. Thus, parties to a transaction can manage for yourself with your property.

Therefore, the apartment is sold in accordance with the norms of current legislation in one of the following ways:

• in cash;
• using bank capital;
• using public money (maternity capital and other subsidies).

Terms of sale

The law provides for several possible scenarios for the sale of real estate that was purchased with funds from maternal capital:

1. necessary agreement from all adult family members for implementation object;
2. Since minors cannot make decisions on their own, it is made for them parents;
3. It is important to guardianship authorities approved completing a transaction;
4. it is necessary that the interests and rights of children were not infringed during the sale of one home and the purchase of another;
5. retention of shares for minors guarantees that they will not have their rights infringed and will receive an equal share after purchasing a new home.

Guardianship department specialists pay attention to a number of nuances when deciding on the possibility of carrying out a transaction:

• total area existing and new real estate (new housing must have the same or larger area, but not less);
• state infrastructure;
• Availability schools And hospitals in close proximity to new housing.

If planned Moving to another city, then it is necessary that he was more developed and successful. It will be difficult to obtain permission to move from St. Petersburg to Barnaul.

An exception is the need to change the climate on the recommendation of doctors or a significant increase in living space as a result of a transaction.

Methods

Today the law provides for several ways to sell such housing:

1. Providing shares in a new apartment taking into account that living conditions are equivalent or better than those in the existing apartment. In this case it is necessary to carry out buying new and selling old apartments simultaneously having previously received permission from the guardianship department, which is located in the district administration;
2. Place funds in bank accounts, the size of which is equivalent to the cost of the children’s shares in the existing apartment. It is important that these are two different accounts opened in the name of each child. Having received a certificate of the value of shares in the appraisal company, you must submit it to the guardianship department. You will also need a bank statement confirming the opening of accounts;
3. Providing a reduced share to children. This is possible if the cost of shares in the new housing is higher than the cost in the existing one. A certificate from an appraisal company for the value of both objects can confirm their equivalent value, despite the reduction in area.

According to current legislation, it will be necessary sell real estate involving minors only through child protection. They make sure that parents do not infringe on their children’s property rights.

Obtaining consent from guardianship authorities

In order to enter into a deal in this case, you must:

• collect complete package of documents.

  This includes:

  1. papers confirming the fact of ownership of housing;
  2. preliminary purchase and sale agreements for both transactions;
  3. marriage and birth certificates;
  4. passports of parents or other legal representatives.
• information about estimated value of housing;
• account statement from the management company about no debt;
• statement from parents or legal representatives of minors for the participation of children in the transaction, which is filled out in the presence of a specialist.

It is compiled in free form on an A4 sheet. It must indicate:

1. Full names of parents and children;
2. address of existing housing purchased with maternity capital funds;
3. the address of the new home you plan to buy;
4. the size of the shares that children receive as a result of the transaction.

If parents are divorced

Sometimes the sale of an apartment occurs. In this case, there are several scenarios for the transaction:

• refusal of one of the parents from his share in favor of the children;
• carrying out the sale of housing in such a way that each party participates in the transaction, after which the division of money occurs voluntarily or on the basis of an agreement.

If one of the parties does not agree to sell the home, then it is impossible to sell it. It is also impossible to force the owner to sell his share in court, so it is necessary to reach an agreement among each other.

How to speed up the sales process?

There are several ways to speed up the sales process, namely:

1. Z register with your relatives with your children early and allocate shares to minors so that the apartment can be sold without the participation of guardianship department employees.

   After purchasing a new property, you can register in a new place and give up shares from relatives, allocating them in the purchased apartment;

2. Check documents, and pre-order duplicates of the missing ones in case of loss;
3. Reduce the cost of your property to find a buyer faster.

It is necessary to understand the need tax payment, if the housing was purchased before January 2016 and owned less than 3 years. Moreover, if the apartment is purchased after January 2016, then 5 years ( Federal Law No. 382 dated November 29, 2014).

This law was passed in order to reduce the number of speculators in the real estate market, who bought housing on the primary market and resold it immediately after putting the house into operation.

All this will allow maximum quickly complete a real estate transaction and start living in a new apartment or build a house.

However, it is worth remembering that when moving to an individual home, specialists from the guardianship department carefully study infrastructure development. The approval rate for such transactions is significantly below.

2019-04-09

RedRocketMedia

Bryansk, Ulyanova street, building 4, office 414

How to sell an apartment purchased with maternity capital?

02.04.2018

The most popular way to manage maternity capital is to improve housing conditions, and above all, to buy an apartment. However, over time, the family may experience the need to sell the purchased home(for example, in connection with moving to another area, purchasing a new apartment or house, etc.). Since, according to the law, housing purchased using a certificate must be registered as the common property of spouses and children, its subsequent sale can be carried out only if it is observed, in particular - after receipt (O&P).

For such a transaction to be legal, after its completion, the children need to go to another residential premises or (in agreement with the guardianship authorities) (in the amount of the value of the children's share in the alienated housing) to a bank account opened in the name of the children.

Conditions for the sale of housing purchased with matkapital

Maternity capital funds received as a result of its sale are considered income of the taxpayer, who exempt from income tax according to paragraph 34 of Art. 217 Tax Code of the Russian Federation. And the direction of the certificate funds for the purchase of real estate is its expenses for the acquisition of property. Therefore, instead of using a property tax deduction, a taxpayer can reduce the amount of taxable income by the amount of documented expenses associated with obtaining this income.

Procedure for selling an apartment purchased using maternity capital

After permission from the OA&P for the sale of the apartment is received, the alienation of housing must be carried out according to one of two schemes:

If you are not planning to buy a new home, then you can allocate shares to your children in the housing, whose owners are relatives(for example, grandparents).

How to sell an apartment purchased with maternity capital and buy another?

If parents or guardians intend to register their children’s shares in the new home, equivalent to shares in the alienated apartment, the procedure can be carried out in two different ways:

1. Simultaneous purchase and disposal. In this case, two preliminary contracts for the purchase and sale of living space are signed, and in the latter the children are immediately indicated as the new owners.

   By agreement of the parties, the fulfillment of obligations to conclude the main contract in compliance with the conditions stipulated in the preliminary contract can be secured by a deposit (Part 4 of Article 380 of the Civil Code of the Russian Federation). However, this is not recommended, since the final decision depends on the guardianship and trusteeship authorities.

2. Buying an apartment using borrowed funds. In this case, it is allowed to first register the property as the property of the parents, provided that a notarized document is provided to the OOiP obligation to allocate shares to children after repayment of the loan. Then all the necessary documents and an application for permission to sell the home are provided to the guardianship department.

In some cases, children may be smaller shares are allocated. This is possible if:

• The cost per square meter in new housing is higher than in the old one. To do this, you need to obtain a certificate from the appraiser about the cost of 1 m 2 in the housing being sold and purchased. Then the child can be allocated a share, equivalent in cost to the old one(not by area).
• The area of ​​the new housing is larger than the old one, and the separation will occur according to the number of square meters(for example, if before the sale of an apartment with an area of ​​40 m2 the child was allocated a quarter of 10 m2, then in a new apartment with an area of ​​60 m2 the same 10 m2 in shared terms will be only one sixth, that is, the share decreases) .

How to sell a home purchased with maternal capital without allocating shares?

A mandatory condition when purchasing a home using maternity capital is the allocation of shares to each family member (spouses and children). In some cases, when at the time of transfer of maternity capital funds it is impossible to register shares in the property of children, a notarial obligation is drawn up, which must be executed within the period established by law (no later than 6 months after the transfer of money from the Pension Fund or after the elimination of circumstances that do not allow the allocation of children's shares at the time of the transaction).

However, technically, the sale of an apartment purchased with maternity capital can be carried out any time- even before the expiration of these 6 months, when shares have not yet been allocated to children. In this case, the transaction may be declared invalid, and the parents may be held liable for cashing out maternity capital(fraud with state budget funds).

To avoid this, when selling an apartment you need to complete all formal procedures:

1. allocate shares to all family members (children and spouse, if any) in the purchased housing;
2. obtain permission from the guardianship authorities to sell it;
3. sell housing within the established period of validity of the permit;
4. fulfill the conditions of the guardianship authorities after the sale of the apartment:
   • allocate shares in new housing (newly acquired or existing);
   • deposit money into an account opened in the name of the children.

In fact, provided that the funds received from the sale of the apartment (in the amount of the value of the alienated children's share) are placed in the accounts of minor children, with the permission of the guardianship authorities, it is possible to sell the purchased housing without the need to re-allocate shares, however, the ability to use money in the children's bank account will also be limited by the O&P.

You can open either a regular bank account or a bank account in your child’s name. contribution(where interest will be accrued). You can use the funds received from the sale of your home in two ways:

1. money from such an account or deposit can be spent by parents in the interests of children(this also requires the consent of the guardianship authorities and the child himself, who is already 14 years old);
2. or they will do it the children themselves upon reaching adulthood(after 18 years).

How to sell an apartment with a mortgage with maternity capital?

To sell an apartment purchased with maternal capital, the mortgage on which has not yet been repaid, you must additionally receive bank's consent to carry out such a transaction.

It is important to understand that at the time of the sale of housing that is pledged to a credit institution, the shares of minors must still be allocated (in another housing). If this requirement is not met, the possibility of challenging the transaction will increase significantly. You need to take care of this before the preliminary contract is signed.

After allocating shares and obtaining permission from the OOiP, the sale can be carried out according to one of the following schemes:

• Part of the amount provided by the buyer will be used for repayment of the seller's credit obligations.
• Upon agreement with the bank, the rights and obligations under the mortgage agreement of the seller will be transferred to the buyer.
• The seller pays the remaining balance of the loan, all encumbrances are removed from the home, and it becomes the property of the buyer.

The question of the possibility of putting up for sale an apartment with a mortgage is very important. Some mortgage property owners face financial difficulties: for them, monthly payments become unbearable. Others have a desire to purchase more spacious housing. And still others would simply like to make money on a mortgage.

These and other factors force the owner to think about selling a mortgaged home. But the living space does not belong to them completely. So is it possible to sell an apartment purchased with a mortgage?

Those who are concerned about this issue can exhale calmly: mortgaged real estate can be sold in the current 2019. Only the sales procedure must be carried out competently, guided by the established rules. Articles No. 29 and No. 33 of the Federal Law concerning mortgage lending provide the borrower with the right to operate and sell an apartment purchased with a mortgage.

At the same time, the owner of a mortgaged home must remember the key rule: he does not have the right to make any transactions with the apartment (including selling) without the consent of the credit institution. Otherwise, all rights to real estate are transferred to the bank (Article No. 301 of the Civil Code of the Russian Federation).

How to sell a mortgaged apartment?

There are four ways to sell a mortgaged home:

1. Early loan repayment.
2. Independent sale.
3. Selling with the help of a bank.
4. Sale of debt obligations.

Early repayment

This method involves finding a buyer who will agree to buy a property with an encumbrance and will give the seller money to pay off the remaining debt early. Finding such a buyer is not easy: encumbering an apartment often scares away potential buyers.

The early mortgage repayment scheme is relevant when selling housing under construction. Living space in new buildings with a good layout is in high demand, and a conscientious developer usually has no end to buyers for those apartments that are at the final stage of construction.

How is the procedure for selling an apartment under the early mortgage repayment scheme? The first step is to obtain the bank's consent. The borrower will need to indicate the reason for early repayment of the loan, because this is not very profitable for the bank. Further stages of the procedure:

1. Determining the amount of debt on a loan.
2. Drawing up an agreement between the borrower and the buyer (certified by a notary).
3. Extract of the borrower and all family members (including minors) from the mortgaged living space.
4. A deposit in the amount required to repay the mortgage in full.
5. Closing the mortgage and removing the encumbrance from the apartment.
6. The final stage: re-registration of the transfer of ownership of the apartment in the registration chamber.

Independent sale

Key recommendation for the seller: do not hide from the potential buyer the fact that the property being sold is secured by the bank. Such behavior will be regarded as involving the buyer in a scam.

The transaction itself is simple. The main thing is to do everything according to the law. Let's say the buyer liked the apartment and decided to purchase it, knowing that the property is under encumbrance. The further course of the transaction is as follows:

1. The buyer contacts the lender expressing a desire to repurchase the collateral.
2. Bank employees draw up a preliminary purchase and sale agreement with him and notarize the document.
3. The buyer deposits the amount necessary to repay the debt into one safe deposit box, and the remaining amount for the borrower into another.
4. The encumbrance on the apartment is removed.
5. A purchase and sale agreement is drawn up in Rosreestr.
6. The bank and the borrower gain access to the cash deposit boxes.

Sale of mortgage housing by bank

When using this scheme for selling mortgage housing, the bank no longer acts as an outside observer. He conducts the transaction from beginning to end, issues his cell, and takes care of all the documents. Only signatures are required from the seller. Bank employees will independently contact the Registration Chamber.

The buyer of a mortgaged home deposits funds into the lender's safe deposit box, and puts the difference between the cost of the home and the mortgage debt into another safe deposit box. Next, the bank informs the Registration Chamber about the repayment of the loan, and the encumbrance is removed from the object of sale.

This scheme is not very profitable for the borrower: the bank is not particularly interested in selling the apartment at a higher price. It is important for him to repay the debt, so it is enough that the amount of the debt is similar to the cost of the apartment.

Sale of debt obligations

This method involves the borrower selling his debt obligations to the bank. In this case, the mortgage loan is reissued to the new borrower. The bank enters into an agreement with the buyer to transfer the remaining part of the loan to him. Thus, the new borrower becomes the owner of the mortgaged living space and the debtor of the loan.

Many buyers themselves want to purchase an apartment that is under encumbrance, because mortgaged real estate is often offered at a lower cost. For such buyers, the procedure for obtaining a mortgage loan is almost no different from the standard one:

• The candidate provides a package of documents for consideration of the application for a mortgage loan.
• If approved, an assessment of the purchased property is carried out.

The re-registration of collateral in Rosreestr is handled exclusively by the bank. The borrower only has to sign a document on the assignment of the debt obligation.

In case of re-issuance of a loan, another credit institution may act as a buyer. In such a situation, the mortgage loan is transferred to the bank that provided the new loan to pay off the old one. This is a fairly common occurrence these days, as banks reduce the loan interest every year. And the borrower, who has found a bank with a more acceptable interest rate or more favorable conditions, refinances the mortgage by transferring the debt to another credit institution.

This procedure brings undoubted benefits to the borrower. However, not every bank agrees to such a transaction: some banks do not allow on-lending under any pretext, others impose penalties on the borrower, which sometimes reach considerable amounts.

Tax obligations

The seller of mortgage housing should take into account one nuance: if the property has been in his ownership for less than 3 years and is sold at a higher price, he will have to pay tax on the sale of the apartment (13%).

Nuances of selling real estate purchased with a military mortgage

According to the law, housing purchased using targeted housing and mortgage loans, until the loan is fully repaid, is collateral not only from the credit institution, but also from the Ministry of Defense of the Russian Federation.

The encumbrance will be removed from the apartment only after the loan is fully repaid and after the borrower reaches 20 years of service. The scheme for selling such an apartment usually includes finding funds to repay the mortgage loan.

The transaction algorithm is as follows:

1. The seller notifies the bank and Rosvoenipoteka of his desire to sell the home and remove the encumbrance.
2. Verifies the amount of debt with the bank.
3. Repays the amount owed.
4. Finds a buyer for housing.
5. Receives a document on the removal of the encumbrance.
6. Receives a document on ownership from Rosreestr.
7. Selling an apartment according to the usual scheme.

Important: to repay the debt to Rosvoenipoteka (as well as to repay part of the debt to the creditor bank in the case of a civil mortgage), you can use funds received as part of maternity capital.

Video: Procedure for selling mortgaged real estate

Documents for the sale of mortgaged real estate

Carrying out the procedure for selling mortgage housing requires the borrower to prepare a full package of documents. What does it include?

• document confirming solvency;
• purchase and sale agreement with the buyer;
• certificate of absence of debt on the loan;
• loan mortgage;
• a document confirming that the buyer has transferred funds to the property, which will be used to repay the loan balance;
• a document confirming the removal of the apartment from encumbrance.

Thus, it is possible to sell an apartment with a mortgage. And even in several ways. The main thing is to carry out the procedure competently, without hiding anything from either the bank or the buyer.

, interests many citizens. Most often, maternity capital funds are spent specifically on the purchase of a new home, but over time it may become necessary to sell the home. Whether this can be done and how, we will discuss in the article.

Features of using maternity capital to purchase housing

Improving living conditions is one of the areas provided for by law on which maternity capital funds can be spent. Often, citizens use funds provided by the state to purchase an apartment or house.

The Federal Law “On additional measures of state support for families with children” dated December 29, 2006 No. 256-FZ, guarding the interests of minors, in paragraph 4 of Article 10 requires that housing purchased with the help of maternity capital be registered as the property of all family members . This includes mom, dad and all the children. Shares in common property are established by agreement and may be unequal. If, upon purchase, it is impossible to immediately allocate shares in the housing, then the owner of the certificate (most often the mother) gives a notarial obligation to allocate property to all family members within six months.

The use of maternal capital is just an episode in the life of one family. It may happen that the capital is used, housing is purchased, but over time there is a need to change place of residence or change apartment, expand the living space. How to sell an apartment purchased with maternity capital?

Specifics and necessary documents for selling houses under maternity capital

The Maternity Capital Law does not provide for any prohibitions or restrictions on the sale of houses acquired with the help of capital. However, civil, family and guardianship legislation interconnectedly protect the rights of minors and require the sale of children's property only with the permission of the guardianship and trusteeship authorities. This is evidenced by Articles 28, 37 of the Civil Code of the Russian Federation (Part One) dated November 30, 1994 No. 51-FZ, Article 21 of the Federal Law “On Guardianship and Trusteeship” dated April 24, 2008 No. 48-FZ.

Housing purchased using government assistance funds is registered as the property of all family members. This means that, most likely, at least one owner of the premises will be a child, and therefore the sale of such housing requires the consent of the guardianship authorities. It will not be possible to ignore obtaining consent from the guardianship, since this document is mandatory when registering a transaction in Rosreestr. If permission to sell is not among the documents, the transaction will not be registered and a refusal will be issued.

Consent to the sale is a resolution of the head of the administration of the locality (region, territory, etc.). The legislation does not regulate the period for which a sales permit can be issued. The validity period of this document is established in the resolution itself, based on the specific life situation, but, as a rule, it is 3 months. However, the letter of the Ministry of Education of the Russian Federation “On the protection of housing rights of minors” dated February 20, 1995 No. 09-M contains an order to provide agreements for the transaction with the housing being sold within a month from the date of issue of the permit for sale. If the sales permit has expired and the transaction has not been registered, a new permit will be required.

Don't know your rights?

It should be noted that the property of children is registered not only when purchasing (including a mortgage) with the help of maternity capital, but also in the case of construction or reconstruction of premises using capital funds. Therefore, if the family decides to sell such housing in the future, they will also need to obtain permission to sell. Unless, of course, the children grow up by then.

How to obtain permission to sell a house with a minor owner

To become the happy owner of permission to sell the share of a minor, you need to contact the guardianship and trusteeship authorities at your place of residence. Parents will write a statement informing them about the proposed sale of the home. After this, the guardianship officer will conduct an interview with the parents, as well as children who are already 14 years old.

In addition to the application, the following documents will be required to obtain a sales permit:

• parents' passports;
• consent to sale from a child who is already 14 years old;
• birth certificates of children, marriage or divorce;
• documents for the housing being sold;
• documents for the purchased housing.

To issue permission to sell, the guardianship must ensure that the child’s housing interests will be respected and the living conditions will not worsen. The child must become the owner of a share in the new apartment no smaller than he owned in the old apartment. Therefore, the employee will require a simultaneous transaction for the sale of old and acquisition of new housing. There is no need to be afraid of this. You just need to find the apartment you want to buy in advance and conclude a preliminary purchase and sale agreement with the sellers. The preliminary purchase and sale agreement must be attached to the remaining documents for obtaining a permit.

In order to verify the quality of the purchased housing and the interests of the child, in addition to the interview, guardianship officers can actually visit the place.

Sometimes, in exceptional cases, consent to sale is given with the condition that the money from the sale of the apartment will be transferred to a special account, and new housing will be purchased in the near future. As a rule, only a month is given to purchase a new apartment, although this period is not established by law.

They will refuse to issue permission to sell the child’s property if the new apartment is purchased in installments, as this worsens the child’s living conditions. In addition, it may be recognized as a deterioration in living conditions if more people are registered in the apartment proposed for purchase than in the previous housing. This is possible if, for example, the owner is selling the apartment, but plans to check out later. Such options are common when adults purchase an apartment. But guardianship officers at the stage of issuing permission to sell cannot be sure that the former owner will eventually be discharged. In this case, permission to sell will also most likely be denied.

If the guardianship is convinced that the interests of the minor are respected, then the sale permit will be ready within 2 weeks from the date of submission of the application.

Thus, we can summarize. The law does not provide for any restrictions on the sale of housing purchased using maternity capital funds. General restrictions are associated with the disposal of property of a minor. If by the time of the sale all the children-owners have grown up, then you won’t even have to remember that the apartment was bought with maternity capital.