Is it possible to return the maternity capital to the state. Return of maternity capital to the pension fund. Non-standard situation: how to return maternity capital to a pension fund

Due to the absence in the law of a normal procedure for the return of mother capital, you have to act at your own peril and risk. We have selected all the options for action proposed in this article taking into account the existing judicial practice... In a disputable situation, we recommend that you additionally study the jurisprudence in your region and consult with a lawyer. Also, be sure to contact your FIU branch and specify the procedure for your actions there. Perhaps the FIU has already faced a similar situation and knows how to act.

Is it possible to return maternity capital back to the Pension Fund

2 Case. Sale of housing in which the FIU funds were spent. Parents should invest in other properties as soon as possible. In this case, their own share should be registered for children. A similar situation often arises when parents get divorced and begin to divide property.

How maternity capital invested in a mortgage is divided in case of divorce

The provisions of family law determine that upon dissolution of a marriage, a couple divides not only objects movable property and real estate, but also cash payments. Exception from general rule is a targeted government grant or benefit.

Mortgage with maternity capital and divorce: how it is divided, problems and their solution

Good day! My husband and I (this is my second marriage) bought an apartment using a mat. capital. We took out a loan for two, but my husband goes like main borrower since I am still on parental leave and have not returned to work. Because the loan was issued for two, then the apartment was issued for two. The notary gave us two obligations for my husband and me. The husband has two children from his first marriage, according to the obligation as it is written there, he must "register the property in the common property of mine, my spouse and children (including the first, second, third and subsequent children) with the determination of the size of the shares by agreement." Does this mean that he should allocate shares to his children from his first marriage? After all, they have nothing to do with it. It was on our joint child that we received a checkmate. capital. This is my second child, from my first marriage I have a daughter. I have not yet submitted my documents to the Pension Fund. Maybe the commitment needs to be redone?

Mortgages and maternity capital: is there - a hole - in the law

The essence of the problem is as follows. There is a clause in the law governing the procedure for allocating maternity capital that obliges parents to register an apartment in common shared ownership, and include children in the number of owners. But in fact, it is impossible to immediately fulfill this norm. Few banks will give a mortgage loan if there are minor children among the owners.

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Return of maternity capital

Please tell me if it is possible to return maternal capital? The situation is this: a one-room apartment was bought using maternity capital. Designed, as expected, for all family members (parents have 1/10 shares, two children have 4/10 shares). The whole family is registered and lives in a private house (house 150 sq. M.). The ownership of the house is registered only to the father. No one is registered in the apartment and does not live. Is it possible to give children a share in the ownership of a house, sell an apartment and return the maternity capital to Pension Fund, and then use it to teach children?

An excellent opportunity to give birth to children and purchase housing: repayment of the mortgage by the maternity capital

valid certificate;
the dwelling is located on the territory of the Russian Federation;
the loan agreement must contain the phrase "mortgage agreement" - the PFR will not send a subsidy for a consumer loan;
the subsidy has not yet been spent;
a loyal bank (not all of them agree to work with the parent capital, and the number of those who agree has now decreased);
good credit history;
availability of official work;
lack of other housing.

Mortgage in case of divorce from children: the fate of maternity capital

Regardless of who helped to pay off the debt, in case of a divorce and a mortgage with the parent capital, property and debt obligations are divided equally. Even if the husband did not contribute even 10% of the cost of the apartment, half of the price will have to be paid to him when dividing the property.

Is it possible to return maternity capital

Note that it is possible to return the maternity capital if, for example, the funds were originally directed to the formation of the funded part of the pension. The fact is that citizens can refuse to spend this capital if they later decide to use the money in some other way.

Is it possible to return maternity capital funds after the bank sells an apartment purchased on a mortgage

When you bought a three-room apartment, the children must have been registered there. Because when selling the first one-room apartment (part of the money was paid by the maternity capital and there must have been a child's share). And when selling the first apartment, the guardianship and trusteeship authorities make sure that the child subsequently necessarily receives a share in the housing - therefore, a three-room apartment should also have a share of the child. But further, when the bank was selling such mortgage housing, there should have been a MANDATORY consent of the guardianship and trusteeship authorities for the sale of an apartment. If the child had a share in a three-room apartment, and the bank sold this apartment without the consent of the guardianship authorities, then you can try to go to court with the recognition of the transaction invalid.

How to divide a mortgage apartment in case of divorce from maternity capital

Please note: As noted in the review of the judicial practice of the Supreme Court of June 22, 2020 (paragraph 13), shares on housing purchased with the help of MK can be recognized as equal only based on the amount of payment of state support funds, and not the entire cost of housing as a whole. If the cost of housing significantly exceeds the amount of maternity capital funds, then an equal distribution of shares may not be established even by a court decision. And the cost of housing, as a rule, always exceeds the MK amount, since the target payment under the state support program is 453,026 rubles as of June 1, 2020, which is clearly not enough to buy an apartment or house not only in a large city, but also in the provinces. For clarifications from the Supreme Court, see the document below.

Questions to the lawyer

I have a maternity certificate, I want to use it to buy a home, my second child is already 3 years old. I found an apartment for purchase, but it is not the owner who sells it, but a proxy by power of attorney. He (a confidant) proposes to conclude a sale and purchase agreement with the following condition - the money is transferred not to the seller, but to his (trustee) account, while he showed me a power of attorney from the seller, there is a clause that he can sell housing on his own terms and get paid for it. I am afraid that the pension fund for some reason may refuse to transfer money, and I will be left with an unpaid contract. Yes, in this case, the contract of sale includes a clause on the payment of a fine or forfeit if the money is not transferred.

How to properly repay the mortgage by the parent capital in 2020 and the reasons why they may refuse to transfer money to the bank

Depending on the current status of the property that the bank lends to, and you are required to pay regularly, you may need copies of the certificate of registration of ownership with the authorities state power, purchase and sale agreements, agreements on equity participation in the construction of a real estate object. If you do not have them on hand, ask the bank for the necessary copies.

How the mortgage is shared with the parent capital in case of divorce

within the framework of the divorce proceedings in court, to raise the issue of the division of the mortgage loan between the former spouses due to the divorce, it will be necessary to draw up a new payment schedule based on a mutual decision to pay off obligations;
apply to the banking organization where the mortgage lending was issued, with an application for the provision of two credit products both spouses in order to pay off the mortgage, in a total amount equal to the balance of the debt: as a result mortgage will be repaid, and both spouses will be equally liable in case of default;
continue the procedure for paying off the mortgage debt by agreement of both parties, without raising the issue of dividing housing.

How to get maternity capital in the Pension Fund, probably, almost all happy parents know. Today we will consider an unusual situation when maternity capital already received from the state has to be returned back. How to correctly return the maternity capital to the Pension Fund - tells the lawyer of the site "".

When do you need to return the maternity capital?

In all cases when, after the transfer of the maternity capital from the Pension Fund, the transaction with his participation is broken, the contract is terminated and the money is returned. At the same time, the goal indicated in the application for the disposal of the mother capital is not achieved.

Probably the most common case is when maternity capital was used to improve housing conditions (through the down payment for an apartment in a building under construction, to pay off mortgage interest, etc.). The house was not handed over on time, and at the family council you decided to terminate the contract for participation in the shared construction. It turns out that you could not use the mother capital and did not improve your living conditions.

What is the difficulty with the return of maternity capital?

The main difficulty is that the law (Federal Law "On additional measures of state support for families with children") does not provide for the procedure for returning mother's capital at all. Even the official website of the Pension Fund emphasizes that the right to receive maternity (family) capital is granted only once. At the same time, you have the obligation to use the money received for the intended purpose. That is, you cannot not return them at all or use them for other needs.

Due to the absence in the law of a normal procedure for the return of mother capital, you have to act at your own peril and risk. We have selected all the options for action proposed in this article taking into account the existing judicial practice. In a disputable situation, we recommend that you additionally study the jurisprudence in your region and consult with a lawyer. Also, be sure to contact your FIU branch and specify the procedure for your actions there. Perhaps the FIU has already faced a similar situation and knows how to act.

What are the ways to return maternity capital back to the FIU?

The easiest option is if 2 months have not passed since the moment of filing the application for the disposal of the capital capital, and the Pension Fund has not yet managed to transfer the funds of the MSC for the purposes you indicated. In this case, you can write to the FIU a statement to cancel your application for the disposal of MSC funds (). Please note that you can cancel an application for sending MSCs to pay off the principal debt or interest on housing loans. within 1 month. The procedure for filing applications for cancellation is provided for in clauses 13-15 of the "Rules for submitting an application for the disposal of funds (part of funds) of maternal (family) capital" (order of the Ministry of Health and Social Development No. 779n dated December 26, 2008). With this option, you can submit a new application for disposal at least immediately and even indicate in it some other purpose of spending the MSC.
When sending maternity capital funds to the formation of the funded part of the mother's pension, you can refuse such an option for using the MSC until the day of the appointment of the pension. To do this, you need to submit an application for refusal to the FIU.

If none of the above options suit you, judicial practice suggests 2 more ways for MSCs aimed at improving housing conditions.

1. The maternity capital is returned to the FIU. You terminate the contract with the developer / seller of the apartment. He transfers you the entire amount paid for the apartment, including maternity capital. You return the maternity capital to the branch of the Pension Fund that transferred it to you. It is also possible to prescribe in the agreement on termination of the contract with the developer / seller of the apartment that the amount of maternity capital is transferred to the PFR accounts by the developer or seller himself. When choosing this option, keep in mind that in order to re-sell the maternity capital, you will most likely have to go to court (read below).

The maternity capital remains in the family. You keep the maternity capital for yourself and use it for its intended purpose as soon as possible, that is, strictly for the purposes that were indicated in your application for the disposal of the maternity capital. For example, you tried to improve your living conditions. In this case, find another suitable apartment and pay for it with the amount of the returned maternity capital. Be sure to keep all supporting documents in case you have to explain to the FIU. With this option, no one is insured from the court with the FIU, alas.

Is it possible to use it again after the return of maternity capital?

Yes, it is possible, because for the first time you did not manage to exercise your right and direct the capital for the purposes stipulated by the law. Unfortunately, due to the lack of procedures for the return of maternity capital in the law, it is likely that you will have to seek a second attempt to use it through the courts.

In the "Review of judicial practice in cases related to the exercise of the right to maternal (family) capital" (approved by the Presidium The Supreme Court RF 06/22/2016, clause 9) tells about the case of a mother from the Penza region, who had to terminate the equity participation agreement with the developer. Upon termination of the contract construction company transferred the amount of maternity capital to the local Pension Fund. Later, my mother found a suitable apartment building and wrote to the FIU a new application for the disposal of the maternity capital. The Pension Fund refused to re-transfer the amount of maternity capital, citing the absence in the law of the possibility of disposing of capital even in the event of a refund. The courts restored the woman's right to maternity capital funds, since she never exercised her right to improve living conditions for her family.

What will happen if you do not return the maternity capital?

Be prepared for the Pension Fund or the local prosecutor's office, at its request, to file a lawsuit in court to recover the amount of maternity capital received from you. This is unpleasant, but quite understandable: for intended use budget money need to report. In court, you have several options:

provide documents that confirm the use of maternity capital funds for their intended purpose. For example, to buy another dwelling. The judge may inquire about the condition of this home (whether it is habitable, whether it has been recognized as hazardous), ask if you examined it before purchasing it, and also clarify whether the purchase of such a home led to an improvement in the family's living conditions (whether the area covered by for each family member). Sometimes the court also checks the location of the acquired housing: the purchase of emergency housing in a remote village without kindergarten, clinics and job prospects for parents are unlikely to be seen as improving living conditions. If the court considers your evidence to be reliable, the maternity capital will be left to you.

In our time, having many children is no longer as scary as it used to be. The state has taken various measures of social support for couples wishing to raise and raise children. One of these measures is maternity capital.

And of course, everyone is interested, how to get this money? Is it necessary to celebrate the third anniversary of the little citizen for this?

What it is?

This definition is understood as a measure of social assistance, expressed in financial support those cells of society where after the beginning of 2007 the second and subsequent offspring were born (or were adopted).

A prerequisite is the presence of a birth certificate for a small person. If the second family member, as they say, was going to be born, but died during childbirth, they will refuse to receive capital.

True, if the death occurred within the first week and the metric was drawn up, then it will be possible to receive capital.

They are entitled to the designated capital as citizens Russian Federation and persons with dual citizenship.

What do they give?

It is entrusted to the pension fund of Russia: payments on maternity capital. Capital can to spend just on:

shaping future pension parent;
improvement living conditions;
education children;
purchasing the necessary things for adaptation disabled child.

Who gets it?

How to get the?

To receive capital in the Pension Fund, you will have to stock up on the following:

child metric, or a court decision on adoption;
statement for a certificate;
document confirming fact of citizenship RF at the child;
general civil certificate the identity of the guardian;
SNILS.

The registrar accepts copies of these documents and if everything is fine, then in a month the guardian receives a certificate.

Payment of a part of the mate capital

The next question naturally arises - is it possible somehow earlier cash out this money, after all, a child, and even in a crisis, is an expensive pleasure.

In no case should you accept dubious cashout offers from various intermediaries.

There is a legal way: from the pension fund, the issuance of maternity capital in favor of the little person, moreover, their as many as two!

These are lump sum payments of maternity capital:

v 20 thousand rubles (the federal law No.88-FZ dated April 20, 2015);
v 25 thousand rubles(Federal Law No. 181-FZ dated June 23, 2016).

Moreover, even if you have already received the first tranche, you retain the right to the second.

How will it look like?

How to get the payment of a part of the capital mat from a pension fund - 20 thousand. To date, the deadline for submitting an application for payment from the maternity capital of the pfr is November 30, 2016.

Before the expiration of this period, you need to contact the territorial division - in person, or through a notarized power of attorney. You can also use the Multifunctional Tool or the Public Service Portal on the Internet.

Documents it will take a little:

account details;
statement(filled in by employees of the Pension Fund during a personal visit);
general civil certificate the identity of the guardian.

An application to the pfr for capital payments is made in the first person and contains:

passport data guardian, also his SNILS
series and number of the received certificate of capital;
address actual residence;
registration address;
date, signature.

Can they refuse?

Yes, in the pfr of maternity capital, payments may not be made. This concerns cases:

terminated the parent's right to capital;
filing father - legally stepfather(that is, did not adopt children);
limitation parent in parental rights- valid until the restriction is lifted;
payment already received;
child removed from this family judicial procedure;

You can refuse to pay on your own initiative.

If the guardian decides that he does not need money from the capital, he sends maternity capital payments to the Pension Fund, having previously written a corresponding application.

Even if an application for payment has already been submitted. True, in this case it will be necessary to be in time before the claim for payment is satisfied. If this has happened, then the “disclaimer” application will be refused.

Return to the pension fund

Is it possible return maternity capital back to the pension fund?

Simply, at the request of the applicant, it is impossible (except for the use of a part of the designated capital to multiply the funded part of the pension).

How to return maternity capital back to the pension fund? For this, a corresponding application is written to the fund before receiving finance.

The pension fund can collect maternity capital in cases inappropriate use of capital or if the transaction for its use was terminated or withdrawn. For example, the return of maternity capital to the pension fund is possible in case of:

the family bought the house, but the children share there have not received;
capital used for apartment renovation or receiving household appliances;
dwelling bought with capital participation, sold;
sale and purchase transaction terminated, or declared invalid by law.

Usually, in the first case, the Pension Fund sends an order to fulfill the obligation to endow the offspring with shares in the apartment and sets a specific deadline for its implementation.

If the obligation is ignored, this will be the basis for the outside to go to court and collect the funds transferred through the proceedings.

Often the question arises about the fate of maternity capital, a lump sum if the spouses get divorced.

However, the demand “I will sue and you will return my part to me” is actually nothing but a “scarecrow” designed for not quite legally literate citizens.

It is possible to apply a division, to demand something only in relation to jointly acquired property. This does not include personal property, as well as what is received under gratuitous transactions (such as a gift or testament), or for targeted payments.

The mentioned capital is such a targeted payment, which means that it belongs to the one who issued the certificate.

The money is returned to the state budget on the basis of court decisions, or a timely received application.

Maternity capital is not some kind of promise of money in the future, it is real support, some of which you can get right now. It is important that the guardian's goals for the use of finances are legitimate.

Many Russian citizens are interested in whether it is possible to return maternity capital back to the Pension Fund if the financial deal fails. Such state aid is received by families with more than 2 children for the purchase of residential real estate, maintenance and education of children. But sometimes there are situations when, for a number of reasons, the concluded contracts are terminated and the certificate is returned to the parents.

The process of returning maternity capital to the Pension Fund is not provided for by the current Russian legislation. This can only be done through a court, while a court decision can be both in favor of the family and in favor of the Pension Fund. Social assistance provided by the state must be used in full, otherwise representatives of the PF can apply to Judicial authority for the return of unspent funds.

Options for how you can return the capital:

The construction company defaulted on its contractual obligations as a result of bankruptcy. In this situation, through the court, you can get state aid again.
The residential property in which the family has invested capital has been sold. In this case, you need to quickly invest in other housing, registering shares for children provided for by law. Such situations often arise during the division of property values, when spouses file documents for divorce.
The money was spent by the parents for other purposes: for the purchase of electrical equipment, holidays abroad, a personal car, the development of entrepreneurship, and other household needs. In this case, it is possible to return the maternity capital to the Pension Fund through the court.

When planning to spend government assistance, spouses should understand that it is for their children and not for their personal needs.

Difficulties arising when returning the capital to the FIU

Social assistance already used to buy a mortgage or to pay off mortgage arrears is non-refundable. After the conclusion of a loan agreement, registration of residential real estate, registration in Rosreestr, the owner of the property does not have the right to dispose of it until the full fulfillment of its financial obligations to the creditor.

Terms of return of mother capital:

recipients of material assistance must provide the guardianship authorities with the facts that the premises are not suitable for living;
they must sell this housing and pay a state fee;
return money to the FIU.

This is a rather complicated process that comes with many obstacles. The purchase of a residential property using the maternity capital means that each family member becomes an equity participant in this transaction. This makes it difficult to sell such property.

To sell a mortgage apartment, the debt for which has not yet been fully paid off, you must obtain permission from the creditor bank. Therefore, such credit agreements often include receipts for their early dissolution... The borrower is not entitled to sell the mortgage property until full repayment loan and bank interest. Since the mortgage involves large sum loan, the sale of the object is in the distant future, perhaps when the children have already graduated from universities and become adults.

Current legislation protects matcapital from misuse. For this reason, government funds intended for targeted use are prohibited from being cashed.

When the sale of housing, purchased on credit using state aid, is caused by the divorce of the spouses, they are required to obtain the consent of the social authorities and the financial company that lends housing to the sale. The new buyer must complete the transaction on terms similar to the previous loan agreement. In this case, the capital is returned back to the Fund.

The exchange of a residential property is carried out on the same terms. According to the laws of the Russian Federation, the purchase, sale or exchange of mortgage housing should not be carried out in violation of maternal rights.

Methods for returning the mother capital to the fund

The legislation does not provide for the return of the capital back to the FIU. But in practice, such situations do happen.

Several options for how to return maternity capital back to the Pension Fund:

government aid can be reimbursed when the funds on the application have not yet been transferred;
if a decision is made to use matkapital for pension accruals, the agreement can be terminated one day before the date of the woman's legal retirement.

If part of the capital was used for the child's education, the rest of the funds will be canceled. It will not be possible to return the money.

If, when purchasing a living space, terminate the agreement, then upon termination of the agreement, the developer company can reimburse the buyers for their investment in the project. The cash received is used only for the purchase of residential real estate or the registration of a mortgage, otherwise the parents face administrative liability with a fine. Also, the seller can return social assistance to the state. In this case, you will not be able to get it again.

In the case of using finance to improve living conditions (renovating an apartment or house), you need to collect all invoices, which, if necessary, can be presented as evidence of the legitimate use of the capital.

Return of the mother capital spent on the mortgage

Many citizens are interested in how to return maternity capital to the pension fund. After the finances have been invested in a mortgage, they can no longer be taken back. The owner of mortgage real estate does not have the right to dispose of it (sell, donate) until he pays off the debt by 100%. The property for the entire crediting period is pledged by the creditor bank.

You can sell a property only in one case: if you prove that it is not suitable for living.

Consequences of refusal to return maternity capital

The family can keep the returned mother capital and use it for its intended purpose in the future. But in the Pension Fund and the guardianship authorities, it is imperative to submit documents confirming the legality of the investment. In practice, such actions are often accompanied by legal proceedings. If the purpose of using public funds is lost for any reason, they must be returned to the FIU.

The owners of the state certificate, who used it illegally, are brought to administrative responsibility, and within the limits of civil law requirements, they are charged with a fine in the amount of the MSC spent. After that, maternal assistance is canceled, it is not subject to revision, i.e. the family will no longer be able to restore its receipt. Having stumbled once, a citizen loses the right to participate in the state program of assistance to families with 2 or more children.

Forced refunds

In some situations, the Russian PF has the right to demand the return of the certificate from its owner in a compulsory form. This happens when funds are spent for other purposes than those indicated in the application for the MSC certificate.

Other reasons for the forced return of the certificate to the PF:

from the residential real estate acquired with the use of maternity capital, the children were not entitled to a share of the living space that was legally entrusted to them;
mortgage properties purchased with government support have been sold;
the purchase / sale agreement was invalidated, terminated for other reasons;
the funds of the fund are returned if they were spent on the education of the child, and he was expelled from the university.

When citizens do not voluntarily return money to the state, they are forced through the courts. In the absence of reimbursement of the certificate in one payment, they can ask for an adjournment in court for the execution of the decision. To do this, you must submit the following papers to the judge (2 copies):

application for the provision of payment by installments;
a schedule for reimbursing public funds;
papers on the mandatory monthly family expenses: payment receipts utilities, kindergarten, bank statements for making mandatory payments of an existing loan, etc.;
documents on monthly family income: certificates of income from employers (2NDFL), bank statements of income from entrepreneurial activity or from deposit accounts, certificates of receipt of financial assistance from the state, etc.

Is it possible to take mother capital again after returning

Reuse of state aid is the application for the MSC for the second time after the money is returned to the Pension Fund. If the application is approved, the funds can be spent exclusively for the purposes established by law. Often, citizens have to seek to obtain the returned maternity capital in court.

The money that is returned back to the fund is under special government control. In practice, the return of state aid often occurs due to circumstances beyond the control of both parties. For example, materiel is directed by a family to purchase residential real estate, but the seller of the property or the developer turned out to be dishonest. And the facts of fraudulent activities were revealed after the signing of the contractual agreement. Legislation is obliged to encourage the voluntary return of MSCs by citizens.

The family will not be able to re-use assistance after it is returned to the state in the following cases:

one university is indicated in the application for obtaining the MSC for payment of tuition, and the child is studying in another institution after transfer;
funds contributed for study in educational institution, but the child was expelled for academic failure from the university;
the sale / purchase of housing was recognized as fictitious, for example, the apartment was bought from relatives who returned the family after the transaction in cash in the amount of the spent aid.

If, after using the certificate of state aid for children, the legal part of the living space was not issued, the PF creates a document obliging the parents to eliminate this violation within the established time frame. If this instruction is not followed, the parents will be notified of the punishment.