From this article you will learn:

• What are the features of buying an apartment from relatives?
• How to enter into an agreement with a relative to buy an apartment
• How to get a tax deduction when buying an apartment from a relative
• How to use maternity capital to buy an apartment from a relative
• Is it possible to buy an apartment from relatives with a mortgage?

There are no legal restrictions on purchase and sale transactions between relatives. In this case, buying an apartment can be even more profitable than looking for housing on the side. However, it is worth considering some features. In this article we will look at the main points that accompany the purchase of an apartment from relatives, as well as options for obtaining mortgage loans for such transactions or using maternity capital.

Use of maternal capital

Despite the fairly long-term operation of the program for issuing Maternity Capital certificates, many owners do not quite understand exactly how to take advantage of the state subsidy.

Purchasing real estate is a very complex procedure; when choosing a property and completing a transaction, you should take into account a huge number of nuances so as not to get into trouble and not waste your money. And when using budget funds, you will have to account for every step, because the state is interested in ensuring that the allocated funds are spent for their intended purpose and not go into the pockets of strangers. In all cases, the interests of children are put above all else, because it is to ensure their present and future that maternal capital is allocated.

The certificate can be used in several directions, but the most popular item during the entire duration of the program is considered to be the item that allows you to spend budget money on improving living conditions. Legislative norms allow you to partially or fully cover the costs of:

1. Major renovation of existing premises or its reconstruction.
2. Purchasing living space on the secondary real estate market.
3. Participation in shared construction of apartments.
4. Self-construction of a house.
5. Purchasing an isolated room.

In all cases, it is important that the property meets sanitary and hygienic standards, and also provides children and parents with decent living conditions.

Buying a home from relatives

When disposing of maternity capital, it is necessary to focus on Federal Law No. 256, published in 2006. It is its clauses that regulate where budget funds can be spent and what transactions can be considered illegal. Many certificate holders have encountered situations where Pension Fund specialists refused to approve a transaction on the basis that the seller is a relative of the buyer. To understand the legality of such actions, you need to figure out whether such a ban really exists.

Let’s say right away that you can buy living space from distant relatives without any fear. These include:

1. Uncles, aunts.
2. Cousins, second cousins ​​and other brothers and sisters.
3. Nephews, nieces and other persons who are fairly distantly related.

But when buying living space from close relatives, you should be careful. These include:

1. Spouse, wife.
2. Parents.
3. Grandmothers, grandfathers.
4. Children.
5. Siblings.

The law directly prohibits a transaction if the seller is:

1. Spouse).
2. Minor children.

In other cases, in practice, the decision is made at the discretion of the Pension Fund specialists. The main thing for them is that no collusion is detected in the transaction, as a result of which the funds will be cashed out and spent inappropriately. If the seller is a close relative, this automatically attracts the attention of PF employees, and even if they approve, a positive outcome is not guaranteed. The prosecutor's office has the right to intervene in the procedure and conduct its own investigation to prevent fraudulent activities.

Can I buy a home from my parents?

1. Fraud in receiving payments, that is, theft of funds or other property when receiving benefits, compensation, subsidies and other social payments established by laws and other regulatory legal acts, by providing knowingly false and (or) unreliable information, as well as by omission about facts entailing the termination of these payments -

The concepts of close and distant family ties should be clearly distinguished. Close relatives of minor children include grandparents, parents, and siblings, so a house or apartment cannot be purchased from them using capital.

Negotiation of conditions

When buying an apartment for maternity capital from relatives, you should remember a number of conditions that must be met for the transaction to proceed:

1. The purchased living space must be located on the territory of the Russian Federation.
2. The premises must meet sanitary, fire, and hygiene requirements.
3. The wear and tear of the construction site does not exceed 50%.
4. The living space should not be in disrepair or on the list for demolition.

It is important that after the purchase the entire premises becomes the property of the certificate holder. It will be necessary to allocate shares in real estate to all family members, especially children, minors or those who have already reached 18 years of age.

Before submitting an application to the Pension Fund, you will need to draw up a preliminary agreement, which will stipulate the cost of the living space and the conditions for its transfer from the seller to the buyer. And remember, the closer the relationship, the greater the chance of being denied payment. The pension fund can simply play it safe, and even without noticing fraudulent actions, reject the application.

Apartment with maternity capital: is it possible to buy real estate from relatives

Before talking about whether it is possible to buy housing with maternity capital from relatives, you should understand who can apply for this type of financing from the state and the amount of such assistance. The right to maternity capital and the possibility of using it is provided for in the Federal Law “On State Social Assistance” dated July 17, 1999 N 178-FZ (latest edition) and the Federal Law dated December 29, 2006 N 256-FZ (as amended on March 7, 2018) “On additional measures of state support for families with children,” which should be addressed when resolving the issue under consideration.

The first thing that should be identified is which families can receive maternity capital. We are talking about low-income and young families. At the same time, the first category includes large families, needy parents, as well as single mothers and fathers. The second category includes spouses who have two or more children, and one of the parents is under thirty-five years of age.

Application to the Pension Fund

Reaching an agreement on the purchase and sale of real estate is only a small part of the huge procedure for acquiring property rights. The desire to use maternity capital must be approved by Pension Fund employees, who review the situation after submitting a written application with an express request for the transfer of funds.

The application is written in a strictly prescribed form. You can receive a blank application form and an example of filling it out by contacting the Pension Fund office in person or downloading it from their official website. A similar sample is available for download on our website. The information on the application form must be presented in the following order:

1. Information about the certificate holder – full name, status and date of birth.
2. SNILS number.
3. Information about the certificate - series, number, by whom and when issued.
4. Passport details.
5. Place of registration.
6. Date of birth of the child who caused the receipt of budget funds.
7. Request for funds to improve housing conditions.
8. The requested amount of maternity capital.

A significant part of the form is devoted to confirming that the certificate holder has not been limited or deprived of parental rights and has not committed a crime against his children. The document is certified by the signature of the applicant and the date of its completion.

Is it possible to buy a house from your parents with maternity capital in 2021?

At the same time, it is clarified that land can be rented, purchased or acquired in other ways before applying to the Pension Fund. The right must belong to the applicant. For example, if a woman applies for maternity capital to build a house, but her mother-in-law has the right to a plot, then the use of maternity capital will definitely be denied.

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Thus, when applying for the sale of a certificate, the method of transferring money under the transaction will be established, as well as the date of emergence of the right to MSC. This date is considered the moment the baby is born, after which the rules of Law No. 256-FZ apply to the family.

Collection of documents

The Pension Fund considers submitted applications only in cases where relevant papers are attached to them. The exact list of attached documents is specified on site; it depends on the situation. But there are also documents that, in all cases, cannot be avoided. In addition to the application form itself, it includes:

1. Maternity capital certificate.
2. Identification of the applicant and certificate holder.
3. SNILS.
4. Certificate of marriage, divorce, death of a spouse or deprivation of parental rights.
5. Birth certificates of all children, and if they are over 14 years old, then their passports.
6. Preliminary contract for the purchase and sale of living space.
7. Extract from the Unified State Register of Real Estate on the ownership of housing.
8. Obligation to allocate shares to all family members.
9. Technical passport of the premises.
10. Title documents for living space.

Pension Fund specialists may require additional papers if the package provided is not enough.

Is it possible to buy a house from your parents with maternity capital?

You can buy the shared ownership of parents and all children. There is no prohibition on transactions with relatives. If the child is under three years old, the financial capital can only be used to repay a targeted loan for the purchase of a home; after three years of age, you can pay the seller directly.

Is it possible to buy a house from your parents with maternity capital Natalya Vladimirovna, the PF can give consent. in this case, the parents will become homeless, because register for this living space. you cannot do them without the consent of the PLO, and the guardianship will not give its consent. to the deterioration of children's living conditions. (if the father of the children also refuses consent)

Registration of the obligation

The obligation to allocate shares is a document in which the certificate holder gives assurances that they will re-register the acquired real estate within a specified time frame in order to allocate rights to a part of it to each family member. The obligation is drawn up in accordance with the law and must contain information about:

1. To whom the shares will be allocated - full name, status and date of birth.
2. What part of the living space is registered in the name of the specified person?

By law, shares must be allocated to:

1. Second spouse, if available.
2. All minor children.
3. Adult children.

The obligation can be drawn up independently or with the help of a qualified specialist, but in all cases it must be certified by a notary. Pension Fund specialists will not accept applications unless this document is attached to it. Without notarization it is considered invalid.

State registration

State registration of property rights is the last stage of real estate registration. It is produced in the branches of Rosreestr and allows you to change data about the owner of the living space.

If housing was purchased entirely with maternity capital or only partially with a certificate, and the rest was paid immediately from personal savings, then upon registration you can immediately allocate shares to all family members. This will significantly save both time and money. But real estate purchased with a mortgage or installment plan can only be registered in the name of the certificate holder.

To carry out the state registration procedure you should:

1. Collect documents.
2. Pay the state fee.
3. Submit the papers to the Rosreestr office or the MFC.
4. Wait for the registration process to take place within 10 days.

Upon expiration of the period, you should order an extract from the unified state register of real estate about the change in ownership rights. This document confirms the completion of the transaction and is confirmation of the transaction.

Buying an apartment with maternity capital from parents

It is impossible to purchase a share using maternal capital from relatives. When trying to make a transaction, the holder is held criminally liable for fraud, even if the person did not try to cash out the money, but actually wanted to purchase part of the property.

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Most often, holders of maternity capital are faced with refusal from the Pension Fund of the Russian Federation when sending funds to purchase an apartment from relatives. In principle, it is theoretically possible to make such a transaction. However, in practice such cases are very rare.

Features of purchasing a share

Federal Law No. 256 states that you can buy a share in property only if it is allocated and is an isolated part of the common premises. However, Pension Fund employees are very reluctant to approve such transactions, since the share according to the standards cannot satisfy the requirements of the law. Its dimensions are unlikely to cover the minimum square footage requirements for one person, and the presence of other families in the premises is comparable to communal conditions, which contradicts the very idea of ​​​​improving living conditions.

Despite this, you can buy a share. The pension fund will be happy to give the go-ahead for the transaction if the last part of the property is purchased. As a result, the certificate holder and his family members become full owners of the entire living space, which undoubtedly improves their living conditions.

Allocation of shares to family members

Allocation of shares to all family members is a mandatory condition. You can perform the procedure in two ways:

1. Immediately upon completing the transaction and signing the purchase and sale agreement. This will save the family budget and greatly simplify the procedure.
2. Within six months after the transfer of maternity capital funds to the home seller.

It is not always possible to allocate a portion to the second spouse and all the children right away, which is why there is such a thing as an obligation. If it is given, then the owner of the living space must fulfill the promise within six months. Please note that the obligation may contain a condition after which the specified period will begin to count. When applying for a mortgage loan, you can allocate shares no earlier than the encumbrance on the property is removed. When paying in installments the cost of housing, it becomes pledged until the contractual obligations are fully repaid, and only after that it is possible to provide the children with legal installments.

The size of shares is not established by regulations. An equal distribution of real estate is considered the most correct, but it can also be divided in a different way. It is important that all children receive equal parts in relation to each other.