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

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

According to statistics, there are still a huge number of families who own a "mother's" certificate, spend the money received on it to improve living conditions. This trend is quite understandable: the housing issue for Russians today is more relevant than ever. But sometimes you have to refuse apartments purchased with the above certificate: someone is not satisfied with the area of residence, layout, footage, and so on. In this regard, many people ask themselves: “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.

Sell or not…

As a rule, certificate owners do not particularly think about how to sell an apartment bought with maternity capital. As they say, don't look a gift horse in the mouth.

In addition, the hassle associated with the legal registration of real estate takes a lot of time and effort. And yet, the option of expanding square meters through the sale of apartments purchased through the "mother" certificate should not be discounted. In fairness, it should be emphasized that this procedure can be associated with certain difficulties.

Specific steps

Firstly, the rights and interests of minor children who have a share in apartments should be taken into account - this is controlled by state structures represented by guardianship and guardianship authorities. You don’t 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 must get the go-ahead for the sale of the apartment from the state.

Parents are required to inform this department about the alienation of real estate acquired at the expense of the "mother's" certificate. They must prove that as a result of the transaction, there will be no deterioration in living conditions, 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, nevertheless, there is an intention to sell an apartment, then the new mansions should be located in a more prestigious area. Otherwise, the buying and selling processhousing may not take place at the initiative of government agencies.

More things to remember

There is another important aspect in considering how to sell an apartment bought with a mother's certificate. We are talking about a situation where a family in which the only source of income is the available living space is planning a deal to alienate apartments, while 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.

At the same time, parents must open a bank deposit in the name of the child, who will be taken care of by the state, and “put” on it an amount of money equivalent to the value of a share in the property being sold.

Documents

Those dads and moms who have a very remote idea of how to sell an apartment bought with maternity capital will be interested in learning about the list of documents submitted to the department dealing with guardianship and guardianship issues.

First, you must fill out applications from the father and mother of a minor child. A statement will also be required from the minor himself (if he has reached the age of 14).

Secondly, it is necessary for all participants in the transaction to provide passports and their copies.

Third, you will need receipts written by all homeowners,in which they do not mind having a minor child involved in the transaction.

Fourthly, you should provide title documents for the object of sale (“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 arrears in utility bills).

Child first…

When considering how to sell an apartment bought with maternity capital, the following circumstance must be taken into account: the state will agree to a housing alienation deal if it is sure that the same amount will be allocated to the child in the new apartment (or more) sq. meters, as in the old ones. If the area acquired by the choir exceeds the area of the old ones, then the share of the minor offspring must be increased without fail.

What else should you pay attention to those who do not know how to sell an apartment bought with maternity capital and buy another one? It should be remembered that the transaction for the acquisition and alienation of real estate from the point of view of the time period must be simultaneous. In other words, it is necessary to carry out the procedure for registering both contracts in parallel.

Do you want to sell an apartment bought with maternity capital? Do not forget that the transaction will be legal only if it is notarized.

Taxes

It is very important to remember aboutthat when making transactions with housing, you will have to pay taxes. If the apartment has been registered as a property for less than three years, then the amount of deductions to the state income will be 13% of the value of the property.

One more thing

The question of how to sell an apartment bought with maternity capital is fraught with another pitfall.

The department in charge of guardianship and guardianship may "reject" the transaction if it turns out that the owners of the mother's certificate after the sale of the old apartment intend to purchase a new one on credit. A banking institution is unlikely to provide collateral for real estate, having learned that minor children will be among the “potential” owners. It is possible to officially recognize their right to own square meters only after material obligations to the credit institution are fulfilled in full. Consider the mortgage issue in more detail.

Risks for apartment purchasers using MSCs

After we found out whether it is possible to sell an apartment bought with maternity capital and buy another, it would be useful to consider the situation when a family acquires square meters on credit with the involvement of MSCs, and some time after paying off debts, decides act as a seller of this property in order to purchase a more comfortable one.

As already emphasized,if the apartments were bought as part of mortgage lending, then it is impossible to repay the entire amount of the debt immediately. The fact is that the bank will not agree to a pledge agreement if it establishes that adults are among the owners. 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 disabled offspring must submit notarized guarantees to the Pension Fund that they will draw up all the documents properly within 6 months from the date of repayment of all debts to the bank. The problem is that the implementation of the above guarantees is not legally regulated, and parents often neglect their obligations. Only those who are a potential purchaser of an apartment from an “unscrupulous” father or mother remain in a difficult situation. 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 “overdue” the moment or through negligence. In any case, before concluding such transactions, it does not hurt to use the services of a qualified lawyer.