Over the past decade, a program has been implemented in Russia aimed at supporting families with two or more minor children. It involves providing these families with certain, and quite significant, financial support. The latter consists of paying a certain amount of money, known as maternity capital. Based on the name, it is completely fair to assume that women most often receive it. Can a father receive maternity capital?

More recently, the State Duma adopted amendments to legislation regarding this issue. Now the corresponding certificate is available to single fathers who have two minor children in their care. Our article is devoted to a description of all the necessary conditions and procedures for a father to receive maternity capital.

Does the father have the right to maternity capital? Maternity capital can be provided to the father, based on existing legislation, if one of the following conditions is met:

1. The man has Russian citizenship and is the father of two or more children, whom he is raising alone. He must also have a list of documents confirming the legality of paternity.
2. If the mother is deprived of the right to receive a maternity certificate, the father of the child has the right to maternity capital. In the current situation there are no restrictions regarding his citizenship.

Reasons why a wife cannot take maternity capital:

1. In case of death confirmed by relevant documents.
2. Deprivation of parental rights.
3. If at birth the mother has notarized the baby.
4. A crime against a child proven in court.
5. Refusal to adopt a child.

In what cases is it impossible for a father to receive material capital:

1. The husband does not have the right to register maternity capital if he is not the biological father or adoptive parent of the children.
2. Court verdict recognizing children as orphans after the death of their mother.

Document preparation procedure

If a man has rights to family capital, he needs to contact the pension fund office at his place of residence. He needs to have a list of documents with him, including:

• passport or other identity document;
• birth certificates of children or a court decision on adoption;
• mother's death certificate or certificate of deprivation of her parental rights;
• certificate of pension insurance;
• application of the established form.

After completing the necessary papers, an analysis of the provided information is carried out, lasting no more than one month from the date of their provision. The result is sent by registered mail to the applicant. If the decision was positive, the message indicates the date of receipt of the benefit. If the result of consideration of the issue is negative, the letter contains a description of its reasons. The latest decision can be appealed in court.

Use of funds

How can a father use maternal capital? This would seem to be a very stupid question. If only there was money, there would always be a use for it. However, not all so simple. The legislation clearly states what maternity capital funds can be spent on. This list includes:

• improving housing conditions (for example, paying off existing mortgages);
• use the funds received to participate in shared construction or purchase of housing;
• payment of all types of expenses for the child’s education;
• funded pension.

What you cannot do with the funds received:

• buy a plot of land;
• purchase a car or other equipment;
• pay off rent arrears;
• pay for treatment.

The recipient of the certificate must remember that the received financial assistance he has the right only after his child reaches the age of three. It should also be emphasized that an attempt to convert the funds of the family foundation into cash will not succeed and will result in proceedings that threaten criminal prosecution.

Helpful information

To better navigate the issue described, it will be useful to know some of the secondary features of family certificates and information about the vicissitudes of considering applications for this type of assistance.

Features of obtaining certificates:

• financial assistance is one-time in nature;
• when the volume of financial assistance changes, they do not apply to already issued certificates;
• You can apply as soon as the second and subsequent child appears (all of them must be the father’s children);
• funds received in the form of assistance under a government program are not considered income and are not subject to taxes;
• if the certificate is lost, it is duplicated;
• When filling out an application for this type of government support, you can send the entire package of documents by mail or via courier.

Amendments to legislation caused a large number of disputes and contradictions. Some of them resulted in litigation. Let's look at some of them.

Is family capital required if children are from different mothers? The answer to this question was recently given by the Perm court, which considered the claim of a citizen raising three children. Having found out the causes of the mothers' deaths, the judge was forced to grant the claim.

Can dad get it? this type help if he has a child from another marriage? The issue also sparked a legal dispute between the single father and representatives of the local pension fund. His first wife died, and his wife was deprived of parental rights. The claim was rejected.

On this moment The procedure for registering family capital for single fathers requires a lot of effort and time. Collecting and providing all supporting documents requested by representatives of the pension fund may take more than one month.

The current situation is partly the result of amendments to the relevant articles of legislation on support large families. Because of this, a fundamentally new situation has arisen, in which not all employees of the responsible department are oriented. They simply lack practice. Nevertheless, there is a noticeable positive trend in this issue.

One way or another, in the event of a refusal to provide maternity capital for a second child, the father has the right and must seek this through the court, because we are talking about the child’s well-being. We hope this information was useful to you!

The question often arises, can a father receive maternity capital?, since the mother sits with the children and cannot go somewhere for a long time. This is especially true when a woman is breastfeeding a newborn. But this is not the only case when a husband needs to receive maternity capital. It is worth considering in more detail the procedure for its registration and the cases when a father or another person can apply for a certificate.

Is it possible for a father to receive maternity capital?

Father registers maternity capital at MFC

The law provides that the father can also receive family capital, but this requires compelling reasons, namely:

• the mother lost the right to receive a certificate due to deprivation of parental rights;
• the mother is disabled and cannot move independently;
• mother died or was declared missing;
• the woman committed a deliberate crime against children;
• the man is the sole adoptive parent of minors.

Important. If the mother is disabled and cannot move, but she is alive, then it is necessary to issue a general power of attorney. It is possible to call a notary at home to formalize everything in accordance with the requirements of the law. The cost of paper is about 2,000 rubles.

Thus, if the mother of the children cannot independently apply for maternity capital, this can be done by the children's father or adoptive parent. But the usual desire due to a more lenient work schedule is not enough if you do not draw up a power of attorney. The mother gave birth to children, and in any case she will be included in the birth certificate. The father is not always indicated in it, so the woman is considered the main recipient of the money.

It is worth noting that deprivation of parental rights occurs only through court. Until there is an appropriate decision in hand, the mother is obliged to fulfill her duties to the minors. Moreover, after the court decision comes into force, she is obliged to continue to support the children in accordance with the provisions of the Housing Code of the Russian Federation.

Transfer maternity capital to the father - step-by-step instructions

The process of obtaining maternity capital is quite long. It is worth considering in more detail how everything happens.

Step 1. Consultation with a Pension Fund employee. Various branches of the Pension Fund may have their own sample applications and other documents. It is worth consulting in advance what you will need to provide. To do this, you can come for a consultation or call the hotline.

Filling out applications

Step 2. Collection of necessary documents. Their list will be given below. It is necessary to make copies of them in advance, since Pension Fund employees do not always agree to photocopy documents.

Collected documents

Step 3. Make an appointment with a specialist. If you go without an appointment, the ticket may not be enough. There are many people who want to register family capital, but there are not enough coupons. Registration is carried out through the State Services portal or the Pension Fund of Russia. But you need to understand that synchronization between two sites does not occur immediately, so sometimes two people are signed up for the same time. Pension Fund employees must accept both. It is also possible to submit documents to the MFC by making an appointment through the website of this organization.

Make an appointment

Step 4. Providing all necessary documents and filling out an application. It must be written in the presence of a Pension Fund employee.

Writing an application

Step 5. Waiting for a response and receiving a certificate in 30 days.

Certificate

After this, it is possible to manage budget money. You will need to collect documents again and provide them to employees of the Pension Fund or MFC. When contacting MFC employees, the answer will be 5 days later, since the courier must deliver papers to pension fund employees.

You can find out whether it is possible to sell an apartment or house purchased with maternity capital in a special one.

Power of attorney for registration of maternity capital

Power of attorney to receive maternity capital

Sometimes parents themselves cannot contact the staff Pension Fund to issue a certificate for maternity capital. Then you need to issue a power of attorney to a third party. It doesn’t matter whether it’s a relative or not. The power of attorney is certified by a notary, and the document itself must contain the following:

• Full name, date and place of birth of the parties;
• passport details;
• SNILS numbers (for Pension Fund);
• information that the principal provides the trusted person with the opportunity to act in his interests to register maternity capital;
• validity period of the document;
• signatures of the parties and the notary.

Documents for obtaining maternity capital in 2019

Certificate for maternal capital

To obtain a certificate, the list of documents is standard and does not change. But it can be supplemented by information about the impossibility of receiving it by the mother and a power of attorney.

Documents for obtaining a certificate for maternal capital

Important. There will be a different list of securities for managing money, which varies depending on the purposes for using budget money. They can be used immediately only to pay off mortgage debt, for a down payment when obtaining a housing loan, or for the rehabilitation of a disabled child.

What is the amount of maternity capital in 2019

Contacting the Pension Fund for money management

For several years, the size of maternity capital has been increasing, but indexation has been frozen for several years now. This is due to the difficult economic situation in the country. That's why nominal the cost remains unchanged and real decreases. Due to rising prices, the same money can buy fewer services or goods. It is worth considering in more detail how the size of maternity capital has changed.

Interesting information

That is, in 2019 and 2020 the size of maternity capital will remain unchanged. Considering that the economic situation is now changing rapidly, and it is difficult to predict, many people apply to manage public money immediately, without waiting for the child to turn three years old. That is, these citizens are buying new housing.

Where can you spend maternity capital in 2019?

Announcement about the opportunity to legally cash out maternity capital

Information on where budget money can be spent is provided in FZ-256. The data is periodically updated and supplemented. In March 2019, the use of money was tightened. Thus, it is no longer possible to repay debt to the IFC and MCC if the loan is not targeted. It is required to prove that the money received was used to improve living conditions.

Today, many people use this method of cashing out maternity capital. Thus, more than 70% All criminal cases relate specifically to the misuse of money. Prosecutor's office officials periodically review applicants' cases. If the fact of using money for other purposes is revealed, then criminal cases are initiated. But more details about punishments will be described below.

Here's what you can use maternity capital money for today:

What can you spend your maternity capital on?

No need to wait three years only when closing a mortgage, buying a new property or purchasing funds for the rehabilitation of a disabled child.

Putin's monthly payments from maternity capital funds

Putin talks about the new benefit during a live broadcast

Today it is possible to receive maternity capital in cash. This is a presidential payment for low-income citizens. Families whose income per member is less than 1.5 subsistence minimums can apply for it. This benefit must be submitted to employees of the social benefits department. At the same time, you can get money up to 18 months. That is, until the child is 1.5 years old or until the money in the maternity capital account runs out. The size of the payment varies in regions, since living wage different everywhere. Its average size is 10.5 thousand rubles monthly.

To apply for such a benefit, you must provide the social benefits department employees with the following:

• ID cards of all family members;
• income information;
• application (filled out on site);
• certificate of family composition.

Important. If there are adult citizens in the family who do not work, then it is impossible to receive payments. An exception is if an adult is registered with the employment center. Then it is possible to receive money. You need to understand that these payments are not from the budget, but from maternity capital. That is, its amount decreases. If you make payments for all 18 months, you will spend almost 200,000 rubles.

Some people are wondering whether it is possible to receive a one-time payment of 25,000 rubles to the father from maternity capital. No, this payment is no longer valid. This was a measure of social support for the population during the economic crisis. But now the situation in the country has stabilized, so it is impossible to claim it. Let us remind you that previously money was issued as a lump sum as a measure of social support. Moreover, they could be used for any purpose without providing a report.

Denial of disposal of maternity capital: reasons

Sometimes Pension Fund employees refuse provide a maternal certificate to the father or other applicant. This happens when:

• lack of necessary documents;
• the family has previously received a certificate;
• absence of Russian citizenship of the father or children;
• there are errors in the application;
• detection of document forgery.

Each case is considered separately. If a refusal comes, it must be motivated. If the applicant thinks that the reason for the refusal is illegal, he goes to court or the prosecutor's office. After checking the documents, the issue of initiating a criminal case is decided due to the PFR employee exceeding his official powers. After the court makes a decision on the possibility of obtaining a certificate, it is necessary contact again to the MFC or the Pension Fund for its registration.

Misuse of maternity capital: responsibility

The judge announces a verdict on the intended use of maternal capital funds

The law provides for liability for violation of the law in the field of obtaining maternity capital. The main article under which people are held accountable is Article 159 of the Criminal Code of the Russian Federation (fraud). It means:

• imprisonment up to 10 years;
• fine up to 120,000 rubles.

It will also be necessary to return maternity capital to the state. This requirement is legal and actively applied in practice. Therefore, you should not use semi-legal cash-out schemes. Approximately at 90% cases this is detected and a criminal case is initiated. At the same time, the owner of the certificate, who contacted the Pension Fund of Russia to manage the money, and the owner of the company that participated in the criminal scheme are held accountable. But the latter is less likely to be involved, since everything is legally drawn up correctly and it looks as if the owner of the company did not know about the applicant’s intention to deceive the state.

Maternity capital for the third child 2019

Certificate for regional maternity capital

The law provides for the receipt of maternity capital for the third child. This is regulated by regional legislation. Therefore, payments may vary significantly in different regions. However, there are various additional requirements for recipients.

Table 2. The size of regional maternity capital in different regions.

Important. Regions may refuse to provide money, replacing it with a plot of land and vice versa. This is provided for by internal laws. However, it is not a fact that the land plot will be within the city. It may be within a subject of the Russian Federation, which is often the subject of legal disputes. When the region is large, and a plot of land is provided at the other end, then the likelihood that the family will use it is minimal. Moreover, selling it will also be problematic.

It is necessary to approach the trial carefully, collecting the appropriate evidence base. It is worth using the services of a practicing lawyer. He will help assess the chances of a favorable outcome and will be ready to handle the case, representing the client’s interests in court. This is relevant given that the defendant is the municipality.

Maternity capital: question and answer

Consultation with a Pension Fund employee

There are several questions that concern many fathers before applying for a certificate for maternity capital. It is worth considering them in more detail.

1. Can a father apply for maternal capital? Yes maybe. This opportunity is available to adoptive parents, guardians and trustees identified by employees of the guardianship department. You can contact us at any time after the baby is born.
2. Can everything be done online? No you can not. It is required to provide original documents to employees of the Pension Fund or MFC.
3. Can they refuse to provide a certificate? If everything is done correctly and the required documents are presented, then there is no need to worry.
4. Is it possible to use the money immediately? If it is not against the law, then yes. It is necessary to understand that some disposal methods are available only three years after the birth of the second child.
5. Where to go to manage money. If you plan to use them for purposes other than receiving monthly payments, then you need to contact employees of the Pension Fund or MFC. To apply for a presidential payment, you need to write an application to the department of benefits and social payments.
6. If there is no mother, is it possible to send money to the account? future pension father? Yes, this is possible when the mother is dead or the father is the only adoptive parent.

Thus, the father of the children can receive a certificate for maternity capital. If the program will be canceled, then the issued certificates will remain relevant. This is stated in FZ-256. That is, the money will be budgeted for them, and the family will be able to use it at any time convenient for them. But you need to understand that the size of maternity capital has not been indexed for several years. This means that the real value of money is gradually falling. Therefore, if there is an opportunity and need, it is better to use the funds now.

Legislation in the field of Federal Law 256 changes quite often, so you need to closely monitor updates. This will allow you to make the most of your budget money. Thus, deputies of the State Duma of the Russian Federation are actively discussing expanding the possibilities for using matkapitla. For example, to buy a car. But now this is at the draft stage, since there are many controversial issues on which the people’s representatives cannot come to a common opinion.

A father can receive maternity capital if the mother of the children is deprived of this right or the second parent is absent for objective reasons. This will require compliance with several conditions.

Conditions for the father to receive capital

The mother of the children has the primary right to receive a family capital certificate. It is from the woman that the Pension Fund accepts an application for registration of the document. In this case, the father of the family is allocated a share in the living space purchased with these funds. But a man, unlike his mother, cannot count on an increase in his pension. This is due to the fact that many fathers, although they are such according to documents, do not take part in raising their children. In case of divorce, in 90% of cases, the heirs remain with the mother, so a certificate is issued for her.

But under certain circumstances, the father has the right to register capital in his own name. These include the following situations:

1. the mother is declared dead or missing;
2. the mother has been deprived of parental rights;
3. mother is in prison;
4. the man is a single father, adoptive parent of orphans.

If the mother of the children is absent for various reasons, and the only guardian is the father, then he is the one who draws up the capital. This right is defined in Article 3.

But in some cases the certificate will be refused:

1. if the man is the stepfather of at least one of the children;
2. if the mother died and the children were officially recognized as orphans;
3. if the mother is not a citizen of the Russian Federation.

Special cases

Each case of issuing maternity capital to a man is considered individually. Judicial practice shows that many fathers win even complex cases in which all the required conditions are not met.

For example, a woman has been declared legally incompetent, is in a coma, or is undergoing treatment for drug addiction or mental illness. In fact, children have official mom, but for objective reasons she cannot take part in the lives of children. And the refusal to issue maternal capital is the reason for the infringement of the rights of a child who has the right to living space. But when contacting Pension Fund the man will most likely be denied the document. In this case, the only option left is to go to court. And the court's decision will likely be positive.

The second common reason for going to court is the foreign citizenship of the mother. In this case, she cannot claim capital. If a woman is deprived of parental rights, then the father can prove his right to a certificate through the court. The main condition is that the man is the official parent of his heirs.

Previously, capital was only maternal capital. But numerous legal proceedings with the head of the family forced the government to reconsider the rules for issuing the certificate. It began to be called “family”, and fathers can also receive it. They cannot refuse even if a man is raising two or more children from different wives. If the mother does not have the opportunity or right to raise children, the right to assistance from the state passes to the father.

What documents will be required

In order for a father to receive maternity capital, it is necessary to prepare a package of documents:

• statement;
• passport;
• SNILS;
• children's birth certificates;
• a document confirming the mother’s lack of parental rights (this could be a death certificate, a court order depriving parental rights, a criminal record certificate, etc.).

What can a father spend his maternity capital on?

The father, as the recipient of family capital, has less choice in the use of the funds provided. A man can spend money to achieve two goals:

1. buying a home (with a mortgage or cash);
2. teaching children.

Moreover, a man can use the funds in two directions at once. For example, contribute part of the funds as a down payment on a mortgage, and spend the rest on the child’s education.

A woman has more rights - she can use the entire amount to increase her own pension.

If the mother of the family is not deprived of her rights and is alive, then she is allocated a share on a general basis when purchasing an apartment.

If the money was spent by the father without the consent of the mother, then she can go to court. For example, if you were in prison. But since the father only has the right to buy housing or pay for the education of his children using maternity capital, such a business is obviously a losing proposition. Exceptions are cases of document falsification, when the woman was in good health at the time of the issuance of capital and was not deprived of parental rights.

What to do if the father is denied a certificate?

If the conditions listed above are met, but the Pension Fund refuses to issue the certificate to the father of the family, then you should go to court. As already mentioned, such issues are almost always resolved in favor of the plaintiff.

You must always defend your rights and seek justice through the courts. Of course, if the main condition is met: the mother really does not have legal grounds to receive capital.

Obtaining family capital in the absence of both parents

If children do not have both biological parents, then the right to receive a certificate remains with the official adoptive parents. They will need to contact the Pension Fund and receive capital on a general basis.

After reaching adulthood, children themselves can receive a certificate if it was not previously issued. After the death of parents or deprivation of parental rights, the heirs themselves manage the capital funds. In this case, you will need to provide an extended package of documents confirming the absence of official representatives.

So, the father can receive family capital instead of the mother. This right arises provided that the woman is legally no longer the parent of the children or is declared dead or missing. And the Pension Fund has no right to refuse to issue a certificate to a man.

How can a father use maternity capital?

01/16/2009 The Government of the Russian Federation has eliminated the misunderstanding, the essence of which was that maternity capital funds could not be used to repay a mortgage loan if the spouse took it out. Changes were made to the “Rules for allocating maternal (family) capital funds to improve housing conditions.”

From January 24, 2009 Russian families has the right to direct maternity capital funds to repay the mortgage loan if the loan agreement was drawn up in the name of the husband. Until this moment, branches of the Pension Fund of the Russian Federation refused to accept such statements as not complying with the law. In practice, a significant part of mortgage agreements is concluded for the husband, who, as a rule, has more income than his wife. And recent changes in legislation are further confirmation of this.

In parallel with this, on January 21, 2009. new “Rules for filing an application for the disposal of funds (part of the funds) of maternal (family) capital” were approved, which come into force on February 1, 2009. Thus, the existing misunderstanding was finally eliminated.

At the same time, part 4 of Art. 10 of the Federal Law “On additional measures of state support for families with children” obliges housing purchased using maternity capital funds to be registered in common property spouses, children (including the first, second, third child and subsequent children) and other family members living together with them, determining the size of shares by agreement. Therefore, when submitting documents in accordance with paragraphs. “d” clause 13 of the “Rules for allocating maternal (family) capital funds to improve housing conditions”, it will also be necessary to provide a notarized obligation to register the residential premises as common property within 6 months:

in the case of the acquisition (construction) of residential premises using a mortgage loan (loan) - after removing the encumbrance from the residential premises;
in the case of individual housing construction - after the individual housing construction project has been put into operation (in the absence of an encumbrance);
in other cases - after the transfer of maternity capital by the Pension Fund of the Russian Federation (in the absence of an encumbrance and when a housing construction project is put into operation);

List of documents for using maternity capital:

1) passport
2) certificate for maternity capital
3) loan agreement
4) a certificate from the bank about the amount of the loan balance
5) certificate of state registration of ownership of housing acquired using borrowed funds
6) a written obligation of the person in whose ownership the housing is registered, certified by a notary, to re-register it as common property

If a real estate transaction is concluded by a spouse, then the following documents will be additionally required:

1) a copy of the main document identifying the spouse and his registration at the place of residence.
2) a copy of the marriage certificate.

When is the father entitled to receive maternity capital?

1) If the father is the sole adoptive parent of the second child and subsequent children

2) If the spouse who gave birth to a child, in connection with which she had the right to maternity capital: died, was declared dead by the court, was deprived of parental rights, or committed a crime against the child against the child.

We continue to answer your questions about the use of maternity capital funds.

Not every mother who raises a child without the participation of a father fits the category of a single mother. Thus, after a divorce, a woman cannot obtain single status, since the father is indicated in the child’s birth certificate, which must be submitted to the Social Security authorities. A single mother is considered to be a woman who gives birth to a child out of wedlock or after 360 calendar days after divorce. The civil registry office issues them a birth certificate in form No. 25, where a dash is placed in the father column, or there is an entry “father’s details are recorded from the words of the mother.” In the event of a divorce, a woman with children has the right to completely different types of benefits, depending on the current situation.

This could be: alimony, benefits for a low-income family, payments for the loss of a breadwinner (in the event of the death of the father) or others. But at the same time, the option is considered when the father abandons the child and confirms his desire in writing. His statement will be considered the basis for recognizing the woman left with the child as a single mother.

Will they give a loan against maternity capital if a woman is divorced?

One of the areas of maternity capital funds is the repayment of a mortgage loan. The certificate holder has the right to dispose of funds. Basically it is the mother, but if the only parent is the father, then the certificate is issued in his name. When applying for a mortgage loan, the choice of the credit institution remains with the certificate holder. The ability of a divorced woman to obtain a mortgage depends on the terms of the agreement established by the credit institution. The Pension Fund has no objections to this matter.

Is gifted property divided when receiving maternity capital in a divorce?

Property given to one of the spouses is not jointly acquired, so it will not have to be divided during a divorce. It remains in the ownership of the spouse to whom this property was transferred under a gift agreement. Maternity capital, or real estate purchased with these funds, also does not apply to jointly acquired property. According to legislative norms, this property or unused funds under the certificate have a designated purpose, and accordingly, are the property of the certificate holder. In the event of a divorce, the ex-spouse retains only the share of the property allocated upon purchase.

If the spouses are divorced, how can you use maternity capital?

Due to the fact that the funds under the maternity capital certificate have a designated purpose and the fact that the certificate is issued in the name of the mother (in some situations in the name of the father, if he is the only parent), there should be no questions about the division of this property. The holder of the certificate is mainly the mother, therefore only she has the right to dispose of the allocated funds, including after a divorce. Maternity capital after a divorce can be used for all purposes provided for by law.

If I'm divorced, can I use maternity capital?

The certificate is indivisible property, so if the funds were not used during the marriage, they can be spent after the divorce for the purposes provided for by Federal law. The spouse in whose name the certificate was issued has the right to independently manage maternity capital funds.

How is maternity capital distributed during a divorce?

The certificate for maternity capital has a specific purpose, and in accordance with Article 34 of the Family Code, in the event of a divorce, it cannot be divided between spouses. The certificate holder, that is, the wife (in exceptional cases the husband), independently manages the funds.

Maternity capital if the second child was born in divorce

A certificate for maternity capital is issued to the mother (father) at the birth (adoption) of the second or subsequent children (if the document was not received at the birth of the second child). When preparing documents to receive maternity capital, divorce does not play any role. Accordingly, if a woman gave birth to a second child after a divorce, she has the right to apply for a certificate on a general basis.

Can a husband claim maternity capital after a divorce?

Since the funds under the certificate for maternity capital belong to the target property, according to Article 34 of the Family Code of the Russian Federation, in the event of a divorce, the husband does not have the right to claim to receive these Money.

Can a husband claim maternity capital during a divorce?

In the event of a divorce, maternity capital funds remain the property of the wife (recipient of the certificate). According to Federal law about maternity capital, the funds on it do not belong to the property divided during a divorce. Therefore, any court will be on the side of the mother and children. An exception is when the mother is declared incompetent, has committed a deliberate crime against children, and has been deprived of parental rights. In this case, the father has the right to sue to re-issue the certificate in his name. The legality of the spouse's actions will be considered by the court.

Can a father claim maternity capital during a divorce?

After a divorce from the children’s mother, the father has no right to claim maternity capital funds. The right to own the certificate remains with the holder, that is, the mother.

Is it possible to return money to mat capital when spouses divorce?

If the funds under the certificate were used for any purposes provided for by the Federal Law on Maternity Capital, then it is no longer possible to return them. Another option is when real estate was purchased using maternity capital. The property can be sold, and the money (in an amount equivalent to the allocated share of the property) is returned to the spouse. But this procedure must be carried out while observing certain conditions. For example, the share of children remains inviolable, and in return for the sold real estate, children are necessarily allocated equal living space.

Is it possible to return maternity capital during a divorce?

It is impossible to return maternity capital funds spent during a divorce. The use of money is handled by employees of the Pension Fund, therefore, money spent, for example, on paying for children’s education cannot be returned. If, for example, they were used to purchase real estate, then they can only be returned by selling the existing living space. But in this case, many problems arise, since when completing a purchase/sale transaction, shares are allocated to all family members, including children. And their rights are protected by law, so a reverse purchase/sale transaction of real estate is possible only with the permission of the guardianship authorities.

Is it possible to divide maternity capital during a divorce?

In accordance with the legislation of the Russian Federation, maternity capital funds are indivisible property, therefore, during a divorce, their division is not provided.

My husband and I are divorced. Is he entitled to maternity capital?

If after a divorce the question arises about the use of maternity capital funds, then ex-husband has nothing to do with this money. The certificate holder (mother, but in rare situations father) has the right to use the funds without the participation of the former spouse.

How is an unfinished house divided into maternity capital during a divorce?

As Article 34 of the Family Code of the Russian Federation defines, in the event of a divorce, all jointly acquired property is divided between spouses, except for funds and property that have a designated purpose. Maternity capital is one of these, therefore an unfinished house, for the construction of which funds were invested under the certificate, cannot be divided between spouses during a divorce. The former spouse can only claim the share of the property that was allocated to him when he requested the use of funds under the certificate. To sell your share in order to receive money, you first need to register ownership of this part.

Is it necessary to re-register mat capital after a divorce?

There is no need to re-register maternity capital after a divorce, since the certificate is a personal document, and only the owner, that is, the mother of the family (in rare cases, the father), has the right to dispose of it.

Do I need my husband's consent to receive matrimonial capital during a divorce?

To apply for the use of maternity capital funds, the permission of any family member is not required. The only thing that matters is the desire of the holder himself. Accordingly, in case of divorce ex-spouse has nothing to do with the receipt and exercise of the right to a certificate by the mother of the family.

The couple is divorced. Who will receive maternity capital?

If the spouses are divorced, the right to receive a certificate and use the funds remains with the mother of the family. But in some situations, the father is given this right. For example, when a mother was declared legally incompetent and deprived of motherhood, the fact of illegal actions against children and the death of the mother was established.

Is the right to use maternal capital lost after a divorce?

The right to use funds under a maternity capital certificate after the divorce of spouses is not lost. The certificate is issued at the birth of the second or subsequent children (if it was not issued at the birth of the second child). A certificate is a personal document, which the person who received it has the right to dispose of. After a divorce, this right remains with the recipient of the certificate.

Is maternity capital taken into account when spouses divorce?

When spouses divorce, maternity capital is not taken into account as a division of jointly acquired property. In accordance with Article 34 of the Family Code of the Russian Federation, during a divorce, all jointly acquired property is divided, with the exception of property and funds that have a designated purpose, which is maternity capital. The right to implement the certificate is vested in its recipient, that is, the mother, with the exception of cases where this right is vested in the father.

How long before you can use maternity capital after a divorce?

You can apply for the use of maternity capital funds immediately after the spouses divorce. Then, for example, when purchasing real estate, the former spouse is not included in the shared ownership. If the application was submitted for the purpose of purchasing real estate using maternity capital before the divorce was filed, then the acquired living space must be registered as shared ownership of the family, including the husband.

Is maternity capital considered jointly acquired property during a divorce?

According to Federal Law No. 256 “On Additional Measures...” maternity capital funds have a designated purpose. Therefore, turning to Article 34 of the Family Code of the Russian Federation, which describes that during a divorce, all jointly acquired property is divided between spouses, except for property and funds for special purposes, it can be argued that when filing a divorce, maternity capital cannot be divided between former spouses.

Is it possible to receive maternity capital if the first child is with the father?

Maternity capital is called this because it is issued in the name of the mother who gave birth to the second, third or subsequent children (if the certificate has never been issued before). Therefore, if a woman gives birth to a second child, and the first one lives with her father, she has the right to submit documents for registration of capital. But provided that the court did not deprive her of parental rights to her first-born child.

Is it necessary to agree with the child’s father on where to spend maternity capital?

The realization of rights to maternity capital belongs to the certificate holder, mainly the mother. She is not obliged to discuss the issue of using funds under the certificate with the child’s father. It can only be her own desire.

Is it possible to receive maternity capital at the place of registration of the father?

It is allowed to submit documents for a certificate at the place of registration of the mother, or at her actual residence. If a woman actually lives at the place of registration of the children’s father, then she has the right to submit documents to the local Pension Fund. The father cannot issue a certificate, with the exception of certain situations when a woman has been deprived of parental rights by a court decision, she has been declared incompetent, or she has died.

Is maternity capital paid to a mother who gives birth to a child without a father?

The certificate can be received by any woman who has given birth to a second, third child or subsequent children (if the certificate has never been received before). Maternity capital is assigned only once. It does not matter whether she is officially married or not.

Can the child's father apply for maternity capital?

The father has the right to apply for a maternity capital certificate only in certain situations. These include: deprivation of a mother's parental rights, death of a woman, recognition of her as incompetent. And also when adopting a second, third or subsequent children.

How to use maternal capital without a father

If a woman who has received a certificate is divorced, she has the right to exercise her rights to maternal capital without the participation of her father. But if she is officially married, then, for example, when purchasing real estate with these funds, she is obliged to allocate a share of this living space to her husband. Or exclude him from shared ownership, but this requires his written renunciation of his share.

Is it possible to buy half of a house from your father for maternal capital?

When using maternity capital funds, real estate purchase/sale transactions between first-degree relatives are prohibited. These include: husband, wife, father, mother, grandmother, grandfather. In rare situations, the Pension Fund may give permission to carry out a transaction, for example, if a relative presents documents stating that after the sale of his living space, he will have a new place to live. But in situations of buying/selling real estate between husband and wife, there are no exceptions.

Is maternity capital required if children are from different fathers?

Assistance in the form of maternity capital is issued to a woman who has given birth to (adopted) a second child, third or subsequent children (the certificate is issued once), regardless of her marital status. That is, she can have a first child from her first marriage, and a second child from her second marriage; this circumstance does not affect the submission of documents to the Pension Fund.

Can a father receive maternity capital if the mother is deprived of parental rights?

The father of the children has the right to submit documents for a certificate if the mother of the family has been removed from raising the children by a court decision. But provided that the father did not lose his rights to his children.

Is it possible to buy a house from your father with maternal capital?

Transactions for the purchase/sale of real estate using capital funds between husband and wife are strictly prohibited. Therefore, it is impossible to purchase a house from the children’s father for money using a certificate.

Can the father of a child receive maternity capital while the mother is alive?

The father of the family can receive a certificate for state support families with children with a living mother only if the court deprives her of rights to children or declares her incompetent. In this case, all rights to register and sell maternity capital pass to the father.