The lawyer warned about the risks of buying an apartment with maternity capital

The purchase of an apartment, which the previous owner bought with the use of maternity capital, may result in litigation if the rights of children were violated during the registration of real estate. Ekaterina Tyutyunnikova, a lawyer and a member of the Moscow City Bar Association, told about this on November 3.

The expert explained that the legislation does not prohibit such transactions, but the buyer needs to check in advance whether the seller has allocated shares to the children. According to part 4 of Article 10 of Federal Law No. 256-FZ, housing purchased using maternity capital must be registered in the common shared ownership of parents and children.

"Before 2020, the Pension Fund usually required a written commitment to allocate shares. Currently, the absence of such a document does not mean that there is no obligation. If the child has not become the owner, the violation persists," Tyutyunnikova explained in an interview with Gazeta.Ru».

According to the lawyer, special care should be taken when buying real estate purchased with a mortgage. If the maternity capital was used to repay the loan, the shares must be allocated after a full settlement with the bank and the removal of encumbrances, usually within six months. At the same time, the Supreme Court of the Russian Federation allows the determination of the shares of parents and children in mortgaged housing without the consent of the credit institution.

Tyutyunnikova stressed that the seller's purchase of another apartment does not release him from the obligation to register the children's rights to the former property. If the shares have not been allocated, the Social Fund, the Prosecutor's Office or the legal representatives of minors may demand that the violation be eliminated. In some cases, it is possible to challenge the transaction, demand the return of the parent capital, or check for fraud upon receipt of payments.

Before concluding the contract, the lawyer recommended examining the documents on the use of maternity capital, the initial purchase and sale agreement, credit history, collateral information, an extended extract from the Unified State Register of Real Estate, and checking for legal disputes involving the seller.

"You can buy such an apartment, but only after confirming that the children's rights are properly registered or the violation is eliminated before the transaction. Otherwise, the buyer risks not getting a quiet home, but a long—term dispute over the shares and the validity of the contract," Tyutyunnikova concluded.

Housing conversation: apartment buyers in installments will be allowed to switch to a mortgage

The authorities are finalizing the bill on payments for real estate in installments — why was it necessary

On October 14, Alexander Aksenenko, Deputy Chairman of the State Duma Committee on Construction and Housing and Communal Services, also drew attention to the fact that when purchasing a secondary apartment, it is necessary to find out whether there are outstanding contributions for major repairs: unlike the standard utility debts of the previous owner, such debts can pass to a new owner. The deputy separately noted the risks of transactions concluded by the seller shortly before declaring him bankrupt: in situations provided for by law, such transactions can be challenged after the transfer of ownership.