If you purchased a living space on maternal funds, but now we decided to sell it for one reason or another, then this can be done, but there will have to take into account some nuances of the situation. When making a deal, even before buying your apartment, all family members were inscribed by property of housing. This means that even juvenile children have the right to some part of the living space. In this situation, the law on maternal capital ceases to act, but family and civil laws come into force: according to Articles 28 and 37 of the Civil Code of the Russian Federation "On Opener and Trusteeship" you have the right to sell such property only with the consent of the guardianship and guardianship bodies. How to get such permission, will be discussed in detail below.
How to sell an apartment purchased on maternity capital - receiving permission for sale of apartments from guardianship authorities
There are two main points:
- You need to prove that children do not lose their share of ownership.
- Sanitary standards in the new apartment will comply with all standards.
If you do not receive this resolution, then sooner or later, your deal is buying housing sales annulment. It will cause a lot of inconvenience not only to you, but also sellers of apartments.
When applying, you need to attach the following documents to it:
- Passports of both spouses.
- If the child has been fourteen years old, his written consent to the sale of property.
- Certificate of marriage of spouses.
- Certificate of birth of a child.
- Documents for housing that is sold.
- Documents for housing that is bought.
The guardianship authorities closely follow the implementation of all items of the Terms of Sale. In the new apartment, the child should receive a share of no less than already in the current apartment. Be prepared for the fact that the guardianship authorities can go directly to the place specified in the documents to personally verify the authenticity of these information you.
As you could have noticed, to sell old housing only when you have already looked at yourself a new one. This causes some difficulties, as it narrows the options for transactions with the future buyer. Exceptions occur when the guardianship bodies agree to give a certain time on the search for the apartment, most often, this is a month from the date of sale of the previous one. This method also has its exceptions: you are obliged to put some amount to a special bank account and not touch it until the end of the purchase of an apartment. This amount is most often equal to the share of the child on the living space.
How to sell an apartment purchased for maternity capital - in what cases may refuse
Refusal to sell the bodies of the guardianship can if your new housing will not suit or ways to buy it, namely:
- You buy an apartment in installments. If the level of your income is medium, then installments will worsen the quality of the child's life.
- The new apartment will be spelled out more than in the oldest. This will reduce the proportion of your child's property, so such cases of guardianship bodies are considered individually.
- Former tenants, as often happens, not immediately from the apartment. In your case it is unacceptable. The guardianship authorities cannot know for sure that the person will definitely write himself.
If you followed all the conditions for submitting an application, then, with a positive result, you will be given a corresponding resolution in two weeks.
Respect the child's right to the property of the living space, and then you will not have any problems with guardianship and guardianship authorities, because their permission is a decisive document in the purchase of the apartment.
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