Birth or adoption of the second child, receiving maternal capital, buying long-awaited housing with the investment of public funds ... This list is closely complemented by another concept - the notarial obligation of parents before the FIU. What to do next and where to seek to competently allocate your babies in the property? Get acquainted with the law closer.
How to allocate shares for children on maternal capital - registration of obligations
Many parents make a decision to spend funds from family (maternal) capital for the purchase of housing, or to cover the existing mortgage loan. Under these circumstances, before passing documents to the Pension Fund, you need to take care of the design of a notarial commitment in advance. It is a guarantee that parents after removing the burdens will not leave their children without an angle, selling or swallowing housing squares. Without this document, employees of the Pension Fund will not accept an application for order by means.
The notarial commitment is made to the parent, which is the owner of the real estate or on which the mortgage loan is issued. It is this person who will be responsible for the allocation of a share of his legal spouse (spouse) and children.
How to highlight the shares of children on maternal capital - lifting the burden
When the mortgage loan is fully repaid, the borrower must receive a mortgage from banking organization. With it and documents, testifying to the right of ownership, the contract of sale, discharge from the USRP and personal passport, the owner of the property should appeal in Ros registry. After registration of the application, the removal of encumbrance will occur in 5-7 days. It should be noted that this procedure is absolute free.
At the end of the mortgage process, it is advisable to order a new discharge from the USRP - this will simplify in the future the allocation of shares. Within 6 months after the removal of encumbrance, you must fulfill the conditions prescribed in the obligation, namely, to endow each member of your family, part of the acquired real estate.
How to highlight the shares of children on maternal capital - the size of the share
In the Federal Law of the Russian Federation, the specific amount of the shares allocated for each is not specified. Parents are allowed to solve this issue at their discretion. But, the staff of the FIU strongly recommend repelled from the rules of squares laid per person, their size is in 2017 -12 sq.m.
How to highlight the shares of children on maternal capital - law
Earlier, the state made it possible to conduct such transactions by filling out a simple application form and registering it in Ros Register. But since June 2016, in the Federal Law No. 172 there were changes: all transactions on the endowment of the property from real estate acquired with the involvement of funds from maternal capital are subject to mandatory registration from the notary.
These amendments mean that the statements drawn up in the usual form now have no legal force, and, therefore, are not accepted by the employees of the Registration Chamber. Moreover, to share with their children square meters, you must first highlight the share of your spouse, and only after that each parent can allocate the child from its purchased part. Both transactions are in the form of donation.
How to highlight the share of children on maternal capital - donating
Giving is a legal transaction in which the donator (under these conditions is its own parent) is absolutely granted the right to part of his property to be gone (his child). Legislation does not include compliance with strict requirements in drawing up the contract, but there are general provisions to be present:
- Details of all participants in the transaction.
- Accurate parameters and housing characteristics.
- The gifted size of square meters should be clearly spelled out.
- ATTENTION - Shares in housing need to give all children, even if they were born after the compilation of the obligation.
Parents should be aware that the donation contract is not amenable to further amendments, revisions or changes, that is, is irreversible. It is for this reason that it is worth it to this transaction with full responsibility.
How to highlight the share of children on maternal capital - registration of law
The completed and notarized contract must be given to the register or MFC. You need to take the following documents:
- Receipt of paid state duty.
- A contract of sale, an extract from the USRP or certificate of the right to real estate.
- Documents certifying the identity of all participants in the transaction - certificate of the birth of all children, passports of parents (guardians).
- Copies donating in the amount of belonging and separate for the organization conducting registration.
The period of consideration of submitted documents is at least 10 calendar days. After this time, a new extract from the USRP is issued, indicating the assigned shares of children and spouses.
0
429
