Maternal capital is issued to spouses after the birth of a common child, when all the conditions for obtaining it are observed. In the event of a divorce couple, many women begin to worry about the further fate of her and the child, if the maternity capital has to share. This and much more is frequent misconceptions of citizens when divorced. Read in this article how to protect yourself from the transfer of maternal capital to the name of your husband, or in what way to translate funds to your account, in the event of the mother's loss of the child of their rights. Be careful and do not confuse yourself.
What does the law on the Maternal Capital section of the Divorce
According to Article No. 256 on additional measures of support for citizens, the appointment of the amount of maternal capital does not change even after the cessation of the marriage of the parents of the child. Pay attention to whose name was the certificate of MSK, since this spouse is disposed of capital. Most often, it is drawn up in the name of the mother at the birth of children, but it happens that the certificate is discharged in the name of her husband.
In this case, the case can reach the court if the woman does not agree with this arrangement of cases. The proceedings, in the most frequent cases, ends in favor of the mother of the child, as it was on her shoulders under the guard.
If your option is quite rare and you leave care of the child and complete patronage, then the maternity capital needs to be requested on your name, the competent lawyer and the District Court will help you.
The foregoing cases do not require a long and complex process, ultimately the party remains with capital, with whom the child lives.
In what cases the father of the child can pick up the maternity capital when divorced
As mentioned above, any law has its own nuances, this one is no exception. In addition to full guardianship over the child, the father has the right to MSCs in some cases:
- if the mother of the child died;
- in the case when the spouse is deprived of parental rights;
- the court is recognized that the mother of the child died either disappeared;
- adoption of the child's mother stopped;
- mother committed a crime against his child.
In these cases, the mother's right to maternity capital is simply terminated, in the future, they can dispose of the father of the child if the relevant documents are submitted to the Russian Pension Fund or during the trial.
Is it possible to divide the maternity capital when divorced
Even in personal agreement, divided the maternity capital between spouses. This material support is only a child and his guardian. You can spend capital only by agreement of the Pension Fund, after submitting an appropriate application, indicating the causes of spending. MSK remains with the parent who takes over all responsibility to raise the child or several children.
Section of property during divorce and maternity capital
As mentioned above, the maternity capital does not apply to jointly acquired property, therefore it will not be able to separate it. But what to do with the apartment that you with the second spouse acquired on the money of maternal capital?
In this case, all the shares of the apartment divide equally on both spouses and children. If other closest relatives participated in the purchase, then they are also assigned a share. At the same time, no early established contracts and agreements do not apply to the real estate section, the whole section takes place strictly according to the norms of the law, since the child also receives a fraction of the apartment.
This rule applies to real estate purchased at the expense of a loan with the participation of maternal capital, and on that real estate, a mortgage fee for which was made with maternal capital.
If the mortgage was not paid at the time of divorce, the obligations on the payment lay on both spouses equally. The section of the apartment can be both with the help of the sale and division of funds and the gift from the spouse in favor of the mother in the expense of future alimony. In this case, it is necessary to especially carefully to sign and draw up a gift agreement in order not to lose its share and remain with the obligation to pay all the alimony in full.
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