Electronic reporting / 23.08.2024

All about whether it is possible to pay for my husband’s mortgage with maternity capital. Use of maternity capital by a co-borrower for a mortgage Is it possible to get a tax deduction

Maternity capital is often the only opportunity for a young family with average income to get their own home. It is much better to live in your own apartment and pay monthly the same amount that the family would pay for renting someone else’s apartment. As a result, after 15 years, the family that took out the mortgage will receive their own housing, and the family that rents the apartment will continue to live on someone else’s territory.

The owner of the maternal certificate or his/her spouse can take out a mortgage in his/her own name. The law provides for the use of maternal capital both to pay for housing that has already been mortgaged (towards the principal portion of the debt) and to make a down payment.

The state has introduced a restriction - maternity capital can be spent only after the child turns 3 years old, but in the case of a mortgage, the funds will be transferred to the bank immediately after the maternity certificate is issued.

The borrower just needs to contact the Pension Fund with the relevant documents to receive maternity capital:

passport of a citizen of the Russian Federation;
certificate of income and certificate of employment;
marriage certificate;
child's birth certificate;
maternal family certificate (original);
contract for the purchase of real estate.

This is the main list of documents. Some banks set their own requirements, so be sure to check with your bank what package of documents they require to apply for a mortgage.

Many banks offer mortgages. As of 2016, the percentage varies from 7.65 (Levoberezhny, Bank Education) to 12 (Sberbank, Gazprombank). If only the father works in the family, and the mother receives child benefit, then you can take a certificate of the family’s total income - banks rarely refuse to issue a mortgage to such borrowers.

The parents' marriage must be officially registered.

You can take out a mortgage using maternity capital to purchase the following types of real estate:

Apartments (both on the primary and secondary markets).
(taking into account that there will be enough space in the room for each family member).
Private houses or land plots for construction (the plot must be located within the city on the lands of individual housing construction, the necessary communications must be connected to it).

Within six months after purchasing real estate with a mortgage, all family members must be registered in the purchased housing.

The procedure for obtaining a mortgage for maternity capital

First, the owner of the certificate or his/her spouse applies to the Pension Fund with the necessary package of documents. Maternity certificates issued no later than 30 days before the date of filing the mortgage application are accepted for consideration.

If you plan to apply for maternity capital as a down payment on a mortgage, then you need to select a lending program and submit an application (in this case, the Pension Fund may require, in addition to other documents, a copy of the loan agreement and a state-registered mortgage loan agreement).

If maternity capital is used to pay off an existing mortgage loan, then provide a certificate from the bank indicating the loan balance, the amount of interest and a note indicating that there are no overdue payments. After this, contact the Pension Fund again to transfer funds to the bank.

Mortgage conditions for maternity capital

The down payment for housing cannot be less than 10% of the cost of housing. Maternity capital is added to the funds already available to borrowers and increases the down payment so that the family can afford a better apartment;
Rates vary depending on the market in which the apartment is purchased. If on primary, then from 10% per annum, if on secondary – from 8% per annum;
The size of the loan and the amount of the monthly payment are calculated depending on the region of residence of the borrower, his income and the amount of the down payment;
Real estate insurance will become a mandatory condition when applying for a mortgage loan;
The repayment scheme is annuity (payments occur in equal parts in accordance with the schedule; the payment amount does not change throughout the entire loan term).

Repaying an existing mortgage with maternity capital funds

Repaying a mortgage with maternity capital is possible, but there are a number of nuances:

Mat capital can be spent on monthly mortgage payments or to pay interest on it. You can use the certificate to pay only the amount of money charged for payment.
If, as a result of delay, the bank has imposed penalties, then it is impossible to repay them with mat capital funds; you can only use cash.
If the mortgage was taken out by the father of the children, and the mat certificate was received in the name of their mother, then the funds from it can in any case be used to pay off the mortgage. The main thing is that the whole family is registered in the apartment, room or house, and the real estate itself must be located on the territory of the Russian Federation.

In case of early repayment of a previously taken out mortgage with funds from regional maternity capital, the bank recalculates payments. The family can either maintain the monthly payment amount, but reduce the terms of the mortgage loan, or reduce the payment amount and leave the loan terms unchanged.

Required documents

To repay an existing mortgage, the following documents are required:

An application from the person in whose name the mortgage is issued, the original loan agreement.
Passport, SNILS.
Marriage certificate of the parents (if the spouse took part in the acquisition of rights to real estate).
A certificate of registration of all family members in an apartment or house, registered with a mortgage, or a notarized obligation to register all family members in the established living space.
Certificate of registration of real estate rights and a certificate confirming membership in a housing cooperative.
Details of the creditor bank and payment documents.

The pension fund will check all documents within a month and report a positive (or negative) decision.

At the birth of children, parents take responsibility not only for their immediate upbringing, but also for creating decent living conditions for them. Children should grow up in a clean and spacious apartment, where they will be warm and comfortable. - This is the property of the whole family. When purchasing real estate with his funds, you need to register it as the common shared property of all family members.

Parents can register real estate directly for their children. In this case, the regulatory authorities will not have any complaints about the targeted use of maternal family capital, and parents can be sure that they have taken care of the future of their children.

Certificate for maternity capital makes it possible to repay an existing loan or take out a new one, using it as a down payment.

But what to do if the loan is issued to the husband, and maternity capital for the wife?

And is it possible to spend maternity capital on my husband’s mortgage?

What you need to know in such a situation is discussed below.

Consequences of taking out a mortgage on your husband

If the mortgage was issued to one of the spouses, in particular the husband, then you should first determine when it was issued:

before marriage;
married;
in a civil marriage.

Credit for living space that was purchased before marriage, is considered entirely the property of the spouse. He is the borrower of the loan and the sole owner of the property.

The same situation arises if the spouses are not officially married. The spouse cannot in any way claim the property of her common-law husband. But there are also advantages. If she defaults on the loan, she is not a co-borrower and does not have to give anything to the bank.

Important! If the loan was received in an official marriage, then in such a situation it does not matter which spouse is the borrower and which is the co-borrower. All joint property, including debts, is divided in half.

The spouse can safely claim half of all jointly acquired property.

The exception is those cases where the spouses signed a marriage contract, which indicated how the joint property will be divided and who is considered its owner.

For whom should I apply for maternity capital?

According to the legislation of the Russian Federation, such a subsidy given to a family in which a second or subsequent child is born. In order to receive a certificate, you must submit a written application to the Pension Fund at your place of registration.

To whom should maternity capital be registered, even if the mortgage is on the husband? The only owner of maternity capital is the woman who gave birth to children. It cannot be issued to another person. There are exceptions.

If the mother died

In this case, it is necessary provide the Pension Fund with all necessary documents, and after consideration of the case, the father or legal guardian of the children can receive the subsidy funds.

She was deprived of parental rights

In this case it is also necessary to collect the entire package of documents, proving this fact. After consideration of the issue, the father or legal guardian can receive the certificate.

Can I pay for a home loan using a certificate?

What if the loan is issued to a spouse, and the maternity capital certificate is issued to the spouse? Let's look at a few of the most common cases.

Important! If the husband acquired a mortgage before marriage, and it was repaid partially or fully with maternal capital, then he is obliged to allocate shares in the apartment to the children, but not to the wife. In this case, the spouse cannot claim the property.

Maternity capital and mortgage contribution.

What to do in a divorce situation?

Sometimes situations happen that families are breaking up. If the spouses have or had a mortgage issued to the husband and repaid partially or fully from maternity capital, then how will it be divided?

There are several options for dividing such real estate.

If the apartment was purchased during marriage, then it is divided among all family members. Children, after depositing the certificate, also have a share in the apartment. The parent with whom the children remain has the right to their shares until they reach adulthood.
If the housing was purchased before marriage, but was paid off partially or fully with funds from maternity capital, then after the divorce the children have the right to a share in this apartment.
The wife, if, according to the conclusion of the court, the children remain with her, reserves the right to live in this living space until the children come of age. She has no right to a share in the apartment.
The wife has the right to receive compensation in the amount of half the amount of money paid to repay the mortgage during the period of official marriage. This money must be returned by the spouse after the official divorce.

The mortgage that was obtained by the spouse, can be repaid with capital funds. The main thing to remember is that in this case, not only the rights of the owners to the apartment change, but also the responsibilities of all family members.

Video on the topic

Mortgage and divorce.

Maternity capital is a program to support families in the Russian Federation raising children. Assistance is provided for the birth of a second and subsequent child. The use of maternity capital money is controlled by the state. They can be spent as follows:

purchasing new housing;
getting an education;
Mom's pension savings.

The use of maternity capital is allowed after the child turns 3 years old, except in cases of repayment of a mortgage to purchase housing. As part of improving the standard of living, the family has the right to repay the principal debt and pay interest on the loan for the purchase of housing.

Initially, it was established that it is possible to use maternity capital money to pay off mortgage debt if the loan is issued to the owner of the certificate. Many families could not use maternity capital for these purposes because the husband was the borrower. Subsequently, the Government of the Russian Federation decided on the possibility of using maternity capital to repay the mortgage issued to the husband. According to the amendments, the Pension Fund does not have the right to demand a document confirming the ownership of housing.

Another important point was introduced - maternity capital was allowed to be used to repay the debt and interest on the second loan. This loan is issued on the best, favorable terms for repaying the mortgage.

To be able to use maternity capital when a mortgage is issued for your husband, you must provide the following package of documents:

passport of a citizen of the Russian Federation;
a copy of the co-borrower’s passport, if available;
loan agreement;
maternity capital certificate;
a certificate from the bank indicating the amount of debt on the loan;
a document confirming state registration of ownership of the acquired property;
a written obligation to re-register the apartment into joint ownership (re-registration must be done within six months, the procedure is done in the interests of the child);
a copy of the marriage certificate;
a copy of the spouse's passport.

After submitting all the necessary documents, the mortgage debt and interest can be paid 2 months from the date of application. If the borrower plans to pay for the purchased housing, the waiting period will be 15 calendar days from the date of filing the application with the Pension Fund.

Before using maternity capital money to pay off credit debt, you must carefully read the loan agreement. In most cases, through maternity capital, the borrower simply shortens the term of the mortgage, and it is not always possible to reduce the amount of the monthly payment or defer it.

The use of maternal money by the husband is possible only if the marriage is officially registered. A couple living in a civil marriage will not be able to take advantage of this opportunity. Parents deprived of parental rights cannot manage maternity capital money. These funds go to the children in equal parts or they can be disposed of by the children’s official guardians.

Since 2009, the Government of the Russian Federation, in connection with the crisis, has allowed the use of maternity capital funds, but in strictly regulated cases:

as mentioned earlier - repayment of mortgage debt;
since 2010 - the opportunity to purchase housing not only through a mortgage, but also to purchase an apartment on the secondary market;
the opportunity to receive an education for any child in the family - parents have the right to pay for the child’s stay in a preschool child care institution or the student’s education in an educational institution and his accommodation in a dormitory.

The family decides independently, based on its own capabilities, how best to use maternity capital money; the state only controls this process. Funds must be spent solely in the interests of the child.

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Many married couples who have recently registered their marriage officially in the registry office decide to acquire personal living space. One of the popular ways to purchase real estate is to take out a mortgage. A mortgage is usually issued to one of the spouses, which means that the responsibility to repay the loan falls on only one person. Both credit institutions and citizens who took out a loan from the bank are interested in the speedy payment of debt. This can be done quickly using maternity capital. What procedure is provided for in this case and what documents are required will be discussed in more detail in this article.

Conditions for repaying a mortgage issued to the husband

Citizens who have family ties often decide to take out a mortgage for an apartment. Its repayment is usually handled by the person who took out the loan. There are several ways to repay a mortgage that is registered in the husband’s name:

pay the debt on your own;
apply for a loan with lower interest rates from another banking institution. This method will be more effective if the difference in interest rates is at least 2-3 percent;
apply for a cash deduction - from the principal amount of the loan and interest. In both cases, 13% of the money paid is subject to a refund. The maximum amount of the main deduction is 2 million rubles, from which you can return 260,000 rubles. For interest deductions, the maximum amount is 3 million rubles, from which 390,000 rubles are refundable;
repayment of the mortgage issued to the husband can be done through the use of maternity capital;
renting out a mortgaged apartment;
use of state support in obtaining preferential mortgages. Provided to young families, large families and low-income families, citizens in government positions or military personnel.

If the husband is trying to pay off the debt on his own, then he will need to choose a convenient method of calculating the debt - annuity and differentiated. In the first case, the amount of payments remains unchanged throughout the payment period. The second method is characterized by larger payments at the beginning and smaller ones at the end of the mortgage repayment.

The condition for repaying the mortgage with maternal capital is that the purchased apartment is in shared ownership of the family, and these funds can only be used to pay off the debt and interest on it, but it is impossible to pay off fines accrued for late payments.

Procedure

Maternity capital is issued to families raising at least two children as state financial support. Indexation of the amount of funds was carried out annually, but since 2015 it has not been carried out due to the difficult financial situation in the country. Now the amount of maternity capital is 453,026 rubles. These tools can be used in several ways:

improving the quality of housing conditions (taking out a mortgage);
payment for educational services for children;
establishment of funded pension payments to the mother;
reimbursement of cash costs for the purchase of goods for disabled children.

In the first case, we are talking about using maternity capital to pay - the down payment of a mortgage, the basic amount of debt or interest on a loan.

Repaying a mortgage loan issued to the husband requires compliance with the following algorithm of actions when using maternity capital for these purposes:

the bank employee who issued the mortgage loan is notified of the upcoming partial coverage of the debt with maternity capital;
an employee of a credit institution issues a certificate about the remaining amount of debt and interest on it;
documents are collected for the Pension Fund;
within a month, the application and documents submitted by the applicant are reviewed by Pension Fund employees and a decision is made;
after another ten days, the maternity capital money goes to the bank to pay for the mortgage.

It is possible to pay off your husband’s mortgage by using maternity capital if you follow Russian legislation and know the specifics of this procedure.

If the mortgage was taken out before marriage

It happens that before the marriage is officially registered at the registry office, the future husband takes out a mortgage for himself. Repayment of the resulting debt with maternity capital is possible. The main condition that must be met is state registration of marriage. This fact is confirmed by documents in the banking institution and the Pension Fund.

Another main responsibility of the husband, who has used maternal capital in his own interests, is a written obligation certified by a notary to formalize shared ownership of the children in the future. Fulfillment of this agreement is mandatory after the removal of the encumbrance on the apartment purchased with a mortgage. For failure to comply with this rule, the husband and father may be held criminally and administratively liable.

Interesting to know! Allocation of shares to common children is considered the main responsibility of the husband, after repaying the mortgage. The allocation of a share to the spouse whose maternity capital was used is not considered the spouse’s responsibility and she does not have the right to be considered the owner of the acquired property (apartment).

If maternity capital was received before marriage

A situation is possible when a woman gave birth to a second child from another marriage and then formalized the receipt of maternity capital. A future husband who has taken out a mortgage for himself and married a woman with two or more children has the right to claim maternity capital to pay off the resulting debt.

The husband has the opportunity to use the certificate only under one condition - when officially registering a marriage with a woman who has the right to receive maternity capital. It does not matter whether the mortgage was taken out before the state registration of the marriage or during the marriage.

If the child is under three years old

According to the law, the certificate can be used only after 3 years, after the birth or adoption of a second child. However, many family units in society are in dire need of financial assistance before the expiration of the three-year period. In this regard, the Government of the Russian Federation decided to make adjustments to the current legislation to allow young families to use maternity capital immediately, without waiting for three years.

This decree only applies to:

making a down payment on a mortgage loan;
repayment of principal or interest thereon;
making payments to purchase goods for incapacitated children for their better integration into society.

It is legally permitted to repay the mortgage issued to the husband before the expiration of the three-year period after the birth of the baby. Procedure for using maternity capital by a husband:

collection of documents;
contacting the Pension Fund branch with an application for early use of maternity capital;
contacting the credit institution where the mortgage loan was issued with the received certificate.

The husband and wife may not spend the entire supply of funds at once; the remaining money can be left for the future. Indexation carried out in subsequent years will increase the remaining amount of money.

List of documents

A husband who wants to pay off his mortgage using maternity capital should collect an impressive package of documents for the bank and the Pension Fund.

The husband will need to present the following official documents to the bank:

ID card of a citizen of the Russian Federation;
received certificate for receiving maternity capital;
a statement of desire to repay early part or all of the mortgage debt from a credit institution.

Based on the documents submitted, the bank employee will issue the husband with a certificate indicating the remaining amount of the existing debt. It is also possible to obtain a corresponding certificate of ownership of the purchased apartment. Next comes an application to the Pension Fund for a maternity capital certificate. You can download the application to the bank follow the link.

The Pension Fund will require the following set of title documents:

passport of the spouse who has the right to receive a certificate for maternity capital;
husband’s passport and marriage certificate, if the mortgage is issued to the spouse;
duplicate of the mortgage agreement;
a certificate from a banking institution about the balance of debt;
a duplicate of the mortgage agreement;
an extract from the Unified State Register confirming ownership;
statement of desire to use maternity capital funds to pay off the mortgage;
a written commitment from the husband to register the apartment as a common shared property to remove the encumbrance on the living space (must be certified by a notary).

Thanks to the collected set of documents, the husband will be able to arrange early repayment of his mortgage debt with maternity capital.

When can they refuse?

The grounds for refusing a wife and husband to use maternity capital funds may include:

provision of an incomplete set of documents or incorrect information;
drawing up an application with errors;
non-Russian citizenship of the mother or child;
early used maternity capital;
lack of parental rights of the mother;
absence of an official registered marriage between the wife and husband for whom the mortgage is issued.

purchasing new housing;
getting an education;
Mom's pension savings.

To be able to use maternity capital when a mortgage is issued for your husband, you must provide the following package of documents:

passport of a citizen of the Russian Federation;
a copy of the co-borrower’s passport, if available;
loan agreement;
maternity capital certificate;
a certificate from the bank indicating the amount of debt on the loan;
a document confirming state registration of ownership of the acquired property;
a written obligation to re-register the apartment into joint ownership (re-registration must be done within six months, the procedure is done in the interests of the child);
a copy of the marriage certificate;
a copy of the spouse's passport.

Since 2009, the Government of the Russian Federation, in connection with the crisis, has allowed the use of maternity capital funds, but in strictly regulated cases:

as mentioned earlier - repayment of mortgage debt;
since 2010 - the opportunity to purchase housing not only through a mortgage, but also to purchase an apartment on the secondary market;
the opportunity to receive education for any child in the family - parents have the right to pay for the child’s stay in a preschool child care institution or the student’s education in an educational institution and his accommodation in a dormitory.

The Government of the Russian Federation annually makes amendments to the law on the disposal of maternity capital. Now the benefit can be used to pay off your husband’s mortgage if you adhere to the rules and formalize the transaction in accordance with the norms of Federal Law No. 256. Let's take a closer look.

Terms

Maternity capital is a one-time payment of a fixed sum of money, which is awarded to a family for the birth or adoption of a second and subsequent children. For 2018, the benefit amount is 453,026 rubles. Since parents' expenses are not always justified, the money is provided in the form of a personal certificate that cannot be cashed. Maternity capital can be disposed of in the following ways:

pay for the education of children until they turn 23;
contribute to the mother's funded pension;
send to improvement of living conditions for family .

The obligation must be fulfilled within 6 months after writing. Otherwise, the purchase and sale of housing transaction is declared invalid and the maternity capital certificate is cancelled. Parents may be prosecuted for fraud.

A package of documents is submitted to the Pension Fund, after which an application is drawn up for the disposal of MK funds for repayment of a mortgage loan issued to the husband. The paper verification procedure takes from 7 to 30 days. Afterwards, parents are given a certificate, which is sent to the bank. Based on the document, the debt is repaid. There is no other way to pay for a mortgage through maternity capital.

If the mortgage was taken out before the marriage was registered

In order to pay off the mortgage husband's means maternal capital, It is necessary that the marriage between the spouses be officially registered. At the same time, the law allows the debt to be paid if the housing loan was issued before the union was registered. This rule also applies to divorced couples.

If the housing loan was taken out by the husband before marriage, then during the marriage it is possible to repay the housing loan using maternal capital, even if both of the wife’s children are from her first marriage. The main rule is to be in an officially registered union. In order to spend MK on improving living conditions, the owner of the living space (husband) needs to register notarized obligation to allocate a share in the apartment to the children . After the encumbrance is removed, the spouse must fulfill the obligation, otherwise the citizen will be prosecuted for fraud.

If maternity capital is issued before marriage

Maternity capital is issued mainly to a woman for the birth or adoption of a second child. Payments are also given to single mothers or fathers who raise children on their own. Therefore, it is not uncommon for a marriage contract to be issued before marriage.

The owner of the certificate can spend part of the maternity capital funds to pay off her husband’s mortgage. To do this, you need to send a corresponding application to the Pension Fund at your place of registration. The spouse is obliged to register illegitimate children in the apartment and allocate them a share after removing the encumbrance on the property. The wife, in this case, cannot claim ownership of the property, since the spent allowance is not considered a basis for recognizing the spouse as a co-owner of the apartment.

If the child is under three years of age

According to the law, it is possible to use maternity capital only after 3 years. Exceptions include transactions to improve living conditions for a family. Thus, there is a possibility of early use certificate MK:

for an initial mortgage payment or debt repayment (loan interest);
for the needs of a disabled child.

In this case, the borrower under the loan agreement can be either the owner of the certificate or his spouse. That is, if the husband or wife already has a mortgage, after the birth of the second child, you can apply for maternity capital and submit an application for disposal of funds to the Pension Fund.

Maternity capital cannot be spent on paying off penalties, fines or fees for delays and failure to fulfill obligations under a loan agreement.

When providing a mortgage loan, the bank requires a down payment, which varies as a percentage of the cost of housing (10 - 30%). This amount can also be paid with maternity capital.

The procedure for repaying a mortgage issued to a husband using MK funds:

receive maternity capital from the Pension Fund of Russia;
submit an application for disposal of funds;
provide documents confirming the conclusion of a mortgage loan;
submit a certificate (permission) to the bank;
register the transaction in Rosreestr.

Required documents

Applying for a mortgage is not easy, as the process requires collecting a large number of documents. If the borrower cannot prove his solvency, the loan will be denied. To speed up the process of completing a transaction, you should consult with a bank employee in advance and clarify what additional documents may be required.

Basic list of documents for the bank:

passport of a citizen of the Russian Federation;
a document confirming official employment (a copy of the work record book or a certificate from the employer);
salary certificate for six months;
marriage certificate;
registration at place of residence;
permission from the Pension Fund for the disposal of MK funds and a purchase and sale agreement for an apartment (after concluding a housing loan agreement).

After signing the documents and registering the mortgage with the bank, the transaction is registered in Rosreestr.

Documents for the Pension Fund:

ID card of the owner of the MK;
maternity capital certificate;
child's birth certificate;
marriage certificate;
housing loan agreement and other documents confirming the taking out of a mortgage;
obligation to allocate a share to children;
application for disposal of a maternity capital certificate.

The application form is issued by an employee at the Pension Fund office.

SNILS number of the parent and other identification data;
the purpose of using maternity capital;
required amount;
account number for transferring funds, etc.

Download a sample application to the Pension Fund for the disposal of maternity capital funds

Refusal to repay a mortgage loan using certificate funds

In some cases The Pension Fund has the right refuse to pay off your husband's mortgage if a transaction to improve housing conditions is questionable or contrary to the law.

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All about whether it is possible to pay for my husband’s mortgage with maternity capital. Use of maternity capital by a co-borrower for a mortgage Is it possible to get a tax deduction