How is maternity capital divided when spouses divorce?

How is maternity capital divided between spouses after a divorce?

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Since 2007, the material life of a number of families has changed thanks to Federal Law No. 244, adopted at the end of the previous year, which regulates the provision of maternity capital to certain categories of citizens. The law describes the payment procedure, rules of use and purpose. Alas, not all units of society remain united. The number of divorced marriages, even in families with several children, remains high. In this regard, we will consider how maternity capital is divided during a divorce, what factors influence this process.

Legal provisions

Matkapital has a specific purpose.
This is state support for families with 2 or more children, which is not subject to division upon divorce (see clause 1, article No. 2, clause 3, article No. 7 of Federal Law No. 256). Also, in the usual manner, maternity capital upon divorce cannot be divided if housing was purchased with the help of this money (see Article No. 10 of the current Law), because the family needed to improve housing conditions or the mortgage debt was paid off. Article No. 34 of the RF IC states that the following are considered joint property of married couples: the income of both husband and wife, pensions and other payments that are not related to funds for the intended purpose.

Division of property purchased for maternal capital

Let's consider the features of the division of property purchased using maternal capital in 2020. There are not many options on what to spend maternity capital on. If they are not spent on the child himself, for example, on his education or adaptation in society, provided that one of the children is disabled, then the law establishes the possibility only of investing the funds in whole or in part into the funded part of the mother’s pension or for the acquisition or improvement of real estate .

Naturally, pension savings will never become common property. But if real estate was purchased from maternity capital funds, then the division rules change.

If maternity capital was used to buy an apartment

Federal Law No. 244 strictly establishes that if real estate (apartment or house, or part of a house) was acquired using maternity capital, then such real estate must be divided among all family members. Those. if the money is received after the birth of the second child and the apartment is purchased during marriage, then four equal shares are allocated in it: for the father, mother and one each for the child.

Accordingly, if maternity capital is received after the birth of the third child, then the apartment must be divided into five equal parts. One not so rare nuance should be taken into account here. If maternity capital was issued after the birth of the second child, but an apartment using it was bought only after the birth of the third child, then such living space is still divided in equal shares only among four. The only thing that spouses can do in such a situation to ensure the rights of the third child is to allocate to him part of their shares in the apartment, but not from the shares of the two older children. To do this, you will need to draw up an agreement on the division of property and have it notarized.

On our website you can and between spouses.

Accordingly, after the divorce, each spouse can only claim their share in the apartment. If the former spouses cannot independently agree on accommodation after a divorce, then the court, as a rule, leaves the apartment to the mother (if the children remain after the divorce), and the husband is awarded monetary compensation based on the value of his share in the apartment.

Spouses, when divorcing a marriage and taking on the division of property, must remember that it does not matter how much money one of them contributed to the purchase of an apartment. Even if these were sole funds received as a gift by the ex-husband or wife.

If at least part of the maternity capital was used when purchasing real estate, then such real estate is divided in equal parts among all family members.

Even if the spouses previously drew up a marriage contract or an agreement on the division of real estate, where the owner was indicated differently, these documents will not be taken into account during the division.

If the certificate was used to improve living conditions

By improving living conditions, Russian legislation understands:

• purchase of a house, apartment or part of a house or apartment;
• building your own home;
• depositing money as a down payment on a mortgage loan;
• reconstruction of an existing home.

Unfortunately, you won’t be able to simply spend the payments due on repairs to your apartment or house. The dwelling must undergo genuine reconstruction approved by the relevant authorities. One way or another, it always concerns the expansion of living space, for example, through an extension or the construction of a new floor.

Division during divorce of maternity capital used to improve living conditions.

If the capital is used specifically for reconstruction, then no matter who previously owned the house, after investing maternity capital, it should be divided equally among all family members.

The same rule applies to building a house. It will also be recognized as shared ownership between spouses and their children.

If the funds were used in a mortgage

Maternity capital is most difficult to divide if it is used as a means of repaying a mortgage loan. Of course, if the mortgage is fully paid and all legal owners have taken ownership, then the spouses’ divorce will not bring any particular difficulties. Everything will be carried out according to the standard scheme. It does not matter which party and how much invested in the mortgaged apartment. It does not matter which spouse received the bank loan, even if this was done before marriage.

If funds from targeted government payments were used to pay off the mortgage debt, then the apartment should be divided in equal shares among everyone. This even applies to housing with a military mortgage.

Things get more complicated if the mortgage remains outstanding at the time of the divorce. Using maternity capital, for example, immediately eliminates the option in which an apartment is sold at auction, the proceeds cover the debt, and the remaining funds are divided between the spouses. There are three ways out of the situation:

1. Repay the loan early.
2. Continue to pay off your mortgage debt together.
3. Contact the bank with a request to restructure the debt and divide the balance in equal shares between the former spouses.

The apartment itself purchased with maternity capital in 2020 will be subject to division only after the final repayment of the loan, and until that moment it remains pledged to the bank. As soon as the debt is resolved, you should contact a notary, and then Rosreestr, where the allocation of shares to all family members will be recorded.

Who owns the certificate?

Let's consider who gets the document providing maternity capital when the child's parents divorce. Logically, maternity capital should belong to the woman and her child - this is implied by the name of the program. Most often this is true. The certificate is personalized, and its owner is exactly the citizen to whom it was issued. However, in rare cases, state support can be issued to a man (father) on the legal grounds described in Article No. 3 of Federal Law No. 256. The reasons may be as follows:

1. When a man independently adopts a second and subsequent child;
2. In the event of the death of the mother of a minor child.
3. If the court declares the mother dead.
4. When a mother is deprived of parental rights by a court decision.
5. When a mother commits a crime against her children.

How is an apartment purchased using maternal capital divided?

Capital funds can be used to purchase housing, reconstruct it, or build a house.

An apartment purchased using maternal capital money acquires the status of common property. In accordance with the agreement concluded between family members, each of them is entitled to a share in the apartment, including all children.

In the event of divorce, only their shares are divided between the spouses. Each child's shares are inviolable. In accordance with Art. 60 of family law, parents cannot become owners of children's property and vice versa. Children's shares cannot be divided even if the house has not yet been completed.

In such a situation, you can act in several ways:

1. The sale of a property with the subsequent division of the proceeds between the shareholders. To sell children's shares, you will need to obtain permission from the guardianship and trusteeship authorities. Specialists will monitor the execution of the transaction and the procedure for crediting funds to the child’s bank account. The amount must correspond to the market value of the minor child's share. In order not to transfer money, the parent can provide the child with housing. It should not be worse than the property sold.
2. Sale of housing and payment to the spouse left with the children, the amount corresponding to the shares. Money can be replaced by other objects of property. Their price must correspond to the cost of the share.
3. Natural allocation of share. This method can be used when it comes to individual houses. The premises must be equipped with a separate exit, bathroom, and postal address. The market value of the real estate should not decrease, and the interests of shareholders must be respected.

If the mother remains with the children, then the father can waive his share to pay child support. To do this, you will need to enter into an agreement and specify in it the procedure by which the cost of the share will be deducted from the amount of monthly payments.

In the case where the residential property was fully paid for from maternal capital, and the shares of family members were not allocated, during a divorce, the housing is divided into equal parts between all family members.

How to divide living space if there is a share of maternity capital in it

The amount allocated by the state for maternal support is not enough to purchase not only a house, but also an apartment. Therefore, most often the amount allocated by the state goes only to pay part of the total cost of housing. Applying the norm of Federal Law No. 256, clause 4, art. No. 10, the purchased property will be registered as shared ownership. In this case, all family members can claim shares: children (at least two) and both parents.

But mat capital will not be divided when spouses divorce. The only recourse is for the departing spouse to demand compensation that is equal to the value of the share. Having received what he wants, the spouse must renounce his share, transferring it to his former spouse.

Married couples often turn to lawyers with the question of how maternity capital is used after the spouses divorce, and who will get the housing if it was purchased with a mortgage loan. Experts refer to clause 4 of Art. No. 10 of Federal Law No. 256, which states that when buying an apartment with a mortgage, it is registered as common shared ownership, i.e., the same as if the housing was not purchased with a mortgage loan. Both husband and wife are required to repay the mortgage loan. Debts are divided equally during a divorce (according to paragraph 3 of Article No. 39 of the Family Code of the Russian Federation). According to the law, maternity capital cannot be divided after a divorce from a husband, since it has a specific purpose.

What is maternity capital?

The issuance of maternity capital is one of the measures of state assistance to families with children. Maternity capital is issued in the form of a personalized certificate in the name of the mother who gave birth to or adopted a second, third or next child. And only she, as the recipient of the certificate, can dispose of the capital.

The size of the monetary amount of maternity capital depends on the number of children in the family (for example, for the third child the mother will receive a larger amount than for the second). Capital can be used for one of the purposes provided by law:

• improvement of living conditions;
• payment for the child's education;
• increase in mother's funded pension.

One way or another, mat capital comes to the family. Therefore, in the process of divorce and division of property, spouses ask a reasonable question - how maternity capital is divided during a divorce.

Repair

The use of government support for the renovation of living space is not implied. But to expand it, by building an extension or another floor, etc., these funds can be used. But even in this case, the real estate is registered as joint shared ownership on equal terms. It will be impossible to divide mat capital after a divorce from my husband. However, the spouse who leaves the family and does not receive custody of the child may have the right to compensation for his share by later abandoning it.

Can a husband claim maternity capital?

The right to maternity capital is primarily granted to a woman who gave birth and/or adopted a second and subsequent children after 2007. The father is entitled to this payment in exceptional cases, which are listed in Federal Law No. 256:

1. When the mother has committed serious unlawful acts towards her child and this fact is reflected in the court decision.
2. Death of mother.
3. After a long absence, the court declared the mother either missing or dead.
4. The father alone carries out the process of adoption of the second and subsequent children for whom a certificate has not yet been issued.
5. If the mother is deprived of parental rights in relation to her children by an official court verdict.

It turns out that the father acquires the right to maternity capital regardless of the divorce.

If a child remains after a divorce from his father

There are cases when the divorce of spouses leads to the fact that the child remains to live with the father, who in such a situation wonders whether I have the right to re-register the maternity capital in my name. Unfortunately, there is nothing to please single fathers in terms of receiving maternity capital. Of course, if the mother was officially deprived of parental rights, then the father has the right to receive funds.

Should maternal capital be shared by the father?

Not really

However, if she simply handed over the children to be raised by their father, but retains parental rights, maternal capital will remain with her in the event of a divorce. The only consolation here can only be the fact that if such a mother decides to use targeted funds to purchase or improve real estate, then each of the children will receive their own part in it. However, if she invests money in the funded part of her pension, then it will belong only to her.

Change of housing

Life situations are different. Lawyers are often contacted with questions about the rights of spouses to maternity capital upon divorce.

If assistance under the program was used to purchase housing, and after some time the spouses divorced, then neither spouse will be able to sell or exchange housing without the consent of the other. In Art. No. 246 of the Civil Code of the Russian Federation on the division of property that is in shared ownership states that one of the spouses can draw up a deed of donation for their share or bequeath it. But now it’s difficult to find men who renounced their share for free, so you need to prepare for the fact that your ex-husband will demand equivalent compensation. Here is the answer to the question, what are the options for using mat capital after a divorce.

Does a husband have the right to maternity capital during a divorce?

No! Divorce and division of property are not grounds for transferring the right to maternity capital to the father.

But really, the child’s father has no right to claim maternity capital, at least for a small part?

In some cases, the mother loses the right to maternity capital, and the father of the children gains it. For example, if:

• the mother committed crimes against her own child;
• mother died;
• the mother is declared dead or missing by the court;
• adoption by the mother of the child is terminated;
• the mother lost her parental rights.

In addition, a father can receive maternity capital if he is raising two or more children alone, including adopted children.

In these cases, the ex-husband acquires the right to maternity capital. But it is quite obvious that these cases have nothing to do with divorce.

Fraud

Frauds have already reached mother capital. The most common offer can often be seen on networks, and it mainly comes from “black” realtors. Most often, they offer to cash out the funds received for the child during a divorce. And since some couples cannot bear to get a divorce, they fall for the tricks of scammers and agree to receive cash under “enslaving” conditions - 25-75% of the amount will have to be paid back. However, lawyers repeat again and again that the use of maternity capital after a divorce from a husband can only occur for its intended purpose. These funds are not subject to distribution in any other way than provided for by law after a divorce. The government is constantly taking a number of measures to combat maternity capital fraud and aimed at protecting the interests of the child.

How to divide property with maternal capital

In case of divorce, both spouses are entitled to receive only their share of the property. Mom and dad cannot share the parts of the apartment that belong to the children. Documentedly, there are two options for division: by agreement of the parties (through a notary) or, if agreement does not work out, through the court.

Important . If the rights of minor owners may be violated, the case is considered with the participation of guardianship authorities.

Out-of-court options

Parents can enter into an agreement with a notary, as a result of which the husband transfers his part of the apartment to his ex-wife or children under conditions determined by the parties. The cost of the agreement depends on the price of the property that is subject to division, on average - from 5 thousand rubles. You can contact any notary, regardless of the family’s place of residence.

Some fathers, after a divorce and leaving the family, sign deeds of gift in the name of their children free of charge, while continuing to pay alimony in full. How the parents agree on the division of housing depends on the upbringing, inner nobility, and decency of the ex-husband.

If it is impossible to reach a consensus, further resolution of the problem occurs in court.

Judicial section

Based on existing legislation, persons who have a share in an apartment can live in it for life. After a divorce, the spouse has the right to come to the common housing with his ex-wife and children. You can end cohabitation only after dividing the property.

Either spouse has the right to file a claim. The application must be accompanied by documents certifying ownership rights and a real estate valuation report at the time of division of property. The court must submit papers confirming payment for the disputed housing using maternity capital.

Important . The allocation of shares in kind is rarely possible. Usually the court offers the remaining citizen with dependents to compensate the share of the former spouse. In this case, the financial situation of the family and other circumstances are taken into account.

Expert advice

Let's consider actions that should not be done so as not to harm the interests of your child:

1. Make contact with organizations offering to issue cash towards maternity capital.
2. Buying a home from an unreliable developer. All information about the developer, reviews and comments can be found on the Internet.
3. Take out a mortgage loan from an organization with a tarnished reputation.

If the purchase of an apartment takes place on the primary market, then the bank must be provided with an equity participation agreement (DPA) with all the data regarding the family composition, including information about the common child. Attached to this document is another document - an obligation, which is certified by a notary, confirming that the children will be able to dispose of their part of the property in the future.

The division of real estate occurs in the prescribed manner if the purchased housing was purchased during marriage and the amount spent did not include capital. Such property is distributed between the spouses who are divorcing in a 50/50 ratio. When considering such a case, the court will necessarily take into account the need to provide the child with living space.

Thus, it is impossible in principle to divide maternity capital in the event of a divorce, since it is intended to provide for the needs of the child, and not of either parent.

Arbitrage practice

If we analyze judicial practice in cases where maternity capital is involved in divorce, it becomes clear that, first of all, judges focus on the interests of minor children, and not their parents.

• The Zamoskvoretsky court received a statement of claim from Mr. Smirnov I.O., who asked to leave him an apartment purchased with a mortgage loan, citing the fact that his wife did not work during the period of making payments. The judge decided to divide the apartment in equal shares between Mr. Smirnov I.O., his ex-wife Smirnova N.A. and their two children together, arguing that targeted government payments were used to repay part of the mortgage loan.

To summarize, it can be noted that maternity capital cannot be divided during a divorce. If real estate was purchased using it, then it must be divided equally among all family members.

Division of an apartment in maternity capital in court

In order to legally divide an apartment purchased with maternity capital, the applicant must do the following:

1. Determine jurisdiction - in accordance with Art. 24 of the Code of Civil Procedure of the Russian Federation, the claim is filed in a district or city court.
2. Assessing an apartment is a particularly important step. Depending on the cadastral price of the property, the duty and the share of maternity capital in the total cost of living space are calculated.
3. Prepare a statement of claim for the division of an apartment in the family capital according to the rules established by Art. 131 Code of Civil Procedure of the Russian Federation.
4. Collect attachments to the claim in accordance with Art. 132 Code of Civil Procedure of the Russian Federation.
5. Pay the state fee and attach the receipt.
6. Send the collected papers to the court through the office or the State Automated System “Justice” portal.
7. Within 5 days from the date of filing the claim, it is necessary to obtain a ruling on the acceptance of the claim for proceedings, as determined by Art. 133 Code of Civil Procedure of the Russian Federation.
8. At the appointed time, you need to appear in the courtroom, provide all the information, state your demands, and attach evidence.
9. At the end of the trial, the judge will make a decision, which will come into force in a month. During this period, one of the parties has the right to appeal the adopted judicial act through the appellate procedure, as established by Art. 321 Code of Civil Procedure of the Russian Federation.

IMPORTANT
After the final decision on dividing the apartment in maternity capital is made, it is necessary to register the ownership rights in the Rosreestr branch. This is a mandatory stage, because the composition of the owners changes and the sizes of shares are also redistributed.

State duty and deadlines

The size of the state duty is clearly regulated by the norms of the Tax Code of the Russian Federation. In order to apply for the division of an apartment in maternity capital to a district or city court, you must pay a state fee. The size depends on the value of the property:

1. If the price of the property does not exceed 100,000 rubles, the fee will be 800 rubles + 3% of the amount exceeding 20,000 rubles.
2. In the case when the cost of the apartment does not exceed 200,000 rubles. – 3,200 + 2% of the figure exceeding RUB 100,000.
3. Provided that the apartment costs up to 1 million rubles. – 5,200 rub. + 1% of the amount over 200,000 rubles.
4. Everything above 1 million – 13,200 rubles. + 0.5% of the amount exceeding 1 million.

The maximum fee is 60,000 rubles. These indicators are regulated by paragraph 1 of Art. 333.19 Tax Code of the Russian Federation.

Speaking about the timing of consideration of the case of dividing an apartment in maternity capital, it is necessary to refer to Art. 154 Code of Civil Procedure of the Russian Federation. Clause 1 of this norm indicates that from the moment the claim is filed in court, claims are resolved within 2 months. In exceptional cases, if difficulties arise during the proceedings, the deadlines are extended by 1 month.

Is it necessary to give my ex-husband a share in housing purchased with maternity capital?

Using maternity capital opens up many opportunities for the family. However, in the event of a divorce, the father has no reason to claim the capital itself due to the targeted nature of this payment. Therefore, if the relationship is not so strong and divorce is inevitable, it is better to wait with the decision to purchase real estate.

The apartment was purchased during marriage

If this apartment was purchased during marriage, then the husband or, after divorce, the ex-husband has a share of ownership in this apartment. He also does not lose this right after the divorce.

If housing was purchased with maternity capital during the marriage, then the owner of the residential premises is obliged to fulfill his obligation to allocate shares to all family members. Family members include the mother, her children and the official spouse. The law does not stipulate a certain size of the share, that is, spouses can agree on the size of the share allocated to each. But there are requirements for the actions of notaries, who are obliged to correctly calculate the minimum share: the cost of the housing share must be no less than the size of the share of maternity capital in the cost of housing per person o family member. Thus, if the wife is still the sole owner of the home, then she is violating her obligations.

Example

Tatiana and her ex-husband Oleg, while still married, bought a house with maternity capital. After some time they divorced. After the divorce, can Tatyana not allocate a share to Oleg, and can he, if something happens, sue her? — In such a transaction, a share is allocated to each family member, including the husband. Yes, he can sue, the spouse has the right to a share. The most correct solution is to sell the property and divide its value according to the designated shares of each family member.

The apartment was purchased after the divorce

After divorce, the mother retains the right to use maternity capital. If this money is used to buy real estate after a divorce, then the owners will be the children and the mother. Thus, the ex-husband will not have the legal right to a share in the apartment purchased using maternity capital funds. He will not be able to sue any part if the purchase was made after the divorce.

Example

Christina and her ex-husband have been divorced since 2020. Single. In 2019, I took out a mortgage using maternity capital. Drawed up a notarial undertaking. It states that shares should be allocated to the husband and children after the mortgage is paid off. Is Christina obligated to allocate a share to her ex-husband? - No. The law does not provide for the obligation to allocate a share to the former spouse.

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Who will get it?

In a situation where the family has broken up, spouses must know how to divide joint property. If maternity capital was not used, then they must understand who, according to the law, will receive public funds.

State assistance in the form of maternity capital is given not to the whole family, but to a specific person. Usually it is registered in the name of the mother. However, by law it is not included in the common property of the spouses. Therefore, the husband usually has no rights to it.

Although there are exceptions:

• The mother was deprived of parental rights.
• The mother is dead or declared so by the court.
• Her adoption was cancelled.
• The mother was convicted of child abuse.

These situations can lead to the fact that maternity capital is issued to the father of the children. He can spend the money for his own purposes, which are prescribed by law, including the purchase of housing.

In certain situations, children themselves have the right to receive state assistance until they turn 23 years old.

The rules for dividing property between former spouses after a divorce provide for the following provision: targeted grants are not common property, which means they are not subject to division.

Thus, if the money has not yet been invested, then the maternity capital upon divorce is not divided, but remains to the person for whom the personal certificate was issued. The second spouse has no right to it.

Can an ex-husband sell his share in a residential property purchased with maternity capital?

So you're divorced. The ex-husband has a share in the residential premises purchased by the family using maternity capital. Can he sell his share?

According to Article 250 of the Civil Code, the ex-husband, as a participant in shared ownership, has the right, at his own discretion, to sell, donate, bequeath, or pledge his share.

If the residential premises are pledged to the bank, then the husband will not be able to sell his share.

The ex-husband, the seller of the share, is obliged to notify in writing the other owners of the residential premises (wife and adult children) of his intention to sell his share to an outsider, indicating the price and other conditions under which he is selling it.

When selling a share in the right of common ownership to an outsider, the remaining owners (wife, adult children) have the pre-emptive right to purchase the share being sold at the price for which it is sold. If they do not purchase the share being sold within a month from the date of notification, the ex-husband has the right to sell his share to any person. If the loan is repaid, then if they refuse, the husband also has the right to sell his share to a third party.

And if the wife and adult children refuse in writing to exercise the pre-emptive right to purchase the share being sold, such share may be sold to an outsider earlier than the specified deadlines.

If, when selling a share, the ex-husband violates the preferential rights of his wife or adult child, then they have the right to, within three months, demand in court that the rights and obligations of the buyer be transferred to them.

Example

Olga buys a share of the apartment from her ex-husband. Is the consent of other owners required if they are their adult children? — Yes, it is necessary, the transaction will be completed through a notary, and the notary will definitely require proof of compliance with the right of first refusal of other owners, even if they are close relatives.

If the mother took out a mortgage

A separate case is the repayment of an already taken out mortgage using maternity capital funds. The court, if the children remain to live with their mother, and a significant part of the debt has been paid from capital funds, may increase the share of the mother and children in the common property.

But this issue will be resolved in court - in order to increase the share, it is necessary to prove the fact of payment of the debt from maternity capital, and preferably, also your other investments in real estate (payment of some part of the mortgage from your own funds, repairs).

The use of maternal capital can open up many opportunities for the family, and due to the targeted nature of this payment, the father does not have any justified claims in the event of a divorce for the capital itself. Therefore, if the relationship is not so strong and divorce is inevitable, it is better to wait with the decision to purchase real estate. Otherwise, property and debts will have to be divided on a general basis. A lot of information about the amount of maternity capital is posted in the article at the link.

Important points

Maternity capital is not subject to division during divorce. After all, this assistance from the state is intended to improve the living conditions of children. In the housing purchased at her expense, the owners have children together with their parents.

Therefore, parents have the right to only half of the disputed real estate, and only this they can divide during divorce proceedings.

The possibility of dividing this apartment is limited by its price, or rather by the amount that the spouses added to the capital for the purchase.

Read whether you can apply for alimony if your husband is in prison. Procedure for paying child support after 18 years. More details here.

Options

The legislation provides for two options for dividing an apartment purchased with the participation of maternal capital:

• Extrajudicial.
• Judicial.

At the out-of-court stage, during a peaceful separation, the spouses sign a corresponding agreement. Its main condition is respect for children's interests. They usually stay with their mother.

In this case, the spouse can refuse his part of the apartment in their favor. Instead, he is entitled to other property with a value similar to the value of his share or the mother’s refusal to pay child support.

When the participants cannot reach an agreement or the terms of the agreement are not suitable for one of the spouses, the conflict of division of property is analyzed by the court.

The statement of claim is filed at the place of residence of the defendant or the location of the apartment. If children under 18 years of age live with the plaintiff, he can file a claim with the court authority at his place of residence.

The following documents must be attached to the claim:

• Certificate of divorce and birth of children.
• Expert opinion on the valuation of real estate.
• Power of attorney.
• Receipt for payment of state duty.
• Purchase and sale agreement.
• Documented data on the expenditure of maternal capital on the purchase of an apartment.

In this case, the legislation gives preference to voluntary agreement between the parties to the divorce.
The state, through the courts, can intervene only when the spouses cannot reach an agreement. At the court hearing, everyone’s ability to make payments is checked, and attention is drawn to who the children will stay with. In addition, the health status of former spouses and children is taken into account.

Mortgage housing

The situation is somewhat different when credit funds are used to purchase an apartment. After all, a family that has debts dissolves a marriage. And according to the Family Code, they are also divided if there is no agreement.

Therefore, in addition to property, each spouse will receive obligations to repay the loan.

However, the actual parts per square meter may not be determined. The law requires their allocation only after registration of ownership. And it will appear after the loan is paid off.

In this situation, attention is drawn to the obligation to divide the housing premises, which were purchased with maternal capital, among everyone. In case of divorce, the previously signed document will be considered. That is, everyone will receive at least one quarter.

Neither spouse can claim the majority. All square meters are divided equally between mother, father and children. But debts can be divided unevenly.

If the mortgage loan is not yet paid, but one of the spouses refuses to pay the loan, the lender can demand this amount from the other. This is due to the fact that usually a mortgage loan is issued for the entire family, with the spouses acting as co-borrowers.

In the most serious situation, we may be talking about terminating the agreement - then the purchased apartment will be sold by the lender, and the money received will be used to repay the loan.

To prevent this, it is better to conclude an agreement with the lender on early repayment of the loan, register the apartment as your property, and then you can file a lawsuit to recover from the other party the funds that the banking organization had to pay.