Mistakes in the use of mother capital when purchasing an apartment

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What conditions and restrictions should be considered in order not to be denied the use of tools

The state program to support Russian families with children – maternity capital – was launched in Russia in 2007, it will last until the end of 2026. In 2022, the amount of maternity capital at the birth of the first child is 525 thousand rubles. If the family did not receive mother capital for the first child, then at the birth of a second child, the payment will reach 693 thousand rubles, and if they did, it will be 169 thousand rubles. Funds can only be used for specific purposes. Most send them to improve their living conditions. According to the Ministry of Labor, 81.3% of Russians who have received maternity capital use it specifically to buy housing. But the state sets certain requirements. Failure to comply with them, you can be denied disposal of funds. The Elitnoye.ru portal, based on data from the Metrium company, talks about the main mistakes that can be made when using maternity capital to purchase real estate.

Choose the “wrong” housing

It is impossible to purchase any real estate with the money of maternity capital. Only housing that meets sanitary standards, which is not going to be reconstructed or demolished. It will not be possible to buy, for example, an apartment, a garage, as well as an apartment in an emergency building. Public housing that has not gone through the privatization procedure will not work either.

Violate the regulations

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Often, buyers, trying to save time, violate the established procedure. First they buy an apartment and only then they declare that they want to use maternity capital. And of course they get rejected. In other cases, they inattentively read the text of an agreement concluded with errors. It may indicate that the housing is being purchased from its own funds, or that the seller received the money in full.

Forgetting to allocate shares

An apartment bought with mother capital money must be transferred to the common shared ownership of all family members: spouses and children. Shares are registered with Rosreestr within six months after the purchase, and when using a mortgage – after the payment of the loan. If this is not done, then the transaction may be declared invalid, and the funds of maternity capital will be obliged to return.

Often, after paying off a mortgage, they forget to allocate a share to an adult child who can live separately and raise their children for a long time. But he is still obliged to make a co-owner of the housing acquired with a certificate. No other housing, for example, purchased subsequently, is suitable for these purposes. In addition, if other children have appeared in the family over time, they also need to allocate shares.

Include third parties as owners

Only the owner of the certificate, her children and husband. When the mother and father are not legally married, the man cannot be included among the owners. In addition, it will not be possible to include other relatives: brothers and sisters, grandparents. In the future, the sale of such real estate will require permission from the guardianship authorities and the husband, even if he becomes an ex.

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Acquire an apartment from a husband or wife

Maternity funds cannot be used to buy an apartment from a husband or wife. However, you can buy housing from other relatives, including a brother or sister, parents. Violation is regarded as fraud and entails criminal liability for up to 10 years. In this way, parents are trying to cash out the mother's capital in order to spend this amount for other purposes.

Receive a tax deduction from the mother's capital

After purchasing a home, you can apply for a tax deduction of up to 260 thousand rubles, but only for the funds that you spent on the purchase from your personal budget. And when filling out the declaration, it must be borne in mind that mother capital is not subject to tax deduction. Sometimes, by mistake, the tax office charges a deduction for an overestimated amount. Then you can get a subpoena from the court, which was filed with a claim for the recovery of “unjust enrichment”.

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