How to sell an apartment bought on a maternity capital, and buy another?

As the statistics show, so far a huge number of families owning a "parent" certificate spend their money on it in order to make housing conditions better. This trend is quite understandable: the housing issue for Russians today is more relevant than ever. But sometimes you have to abandon the apartments purchased through the above certificate: someone does not like the area of residence, planning, yardage and so on. In this regard, many ask the question: "Is it possible to sell an apartment bought by parent capital?" The answer to it will be positive, but some nuances should be taken into account, which will be discussed in this article.

To sell or not ...

As a rule, the owners of the certificate do not particularly think about how to sell an apartment bought for maternity capital. As they say, the gift horse does not look into the teeth.

In addition, the troubles associated with the legal registration of real estate, take a lot of time and energy. And yet, the option of expanding the square meters due to the sale of apartments purchased through the "parent" certificate should not be discarded. In fairness, it should be emphasized that this procedure can be complicated.

Specific steps

First, the rights and interests of minor children, who have a share in the apartments, should be taken into account - this is controlled by state structures represented by guardianship and trusteeship bodies. You do not know how to begin the solution of the question: "How to sell an apartment bought for maternity capital?" Council: prepare a package of documents for the above-mentioned state structure. In other words, you must get "good" for a deal with the sale of an apartment by the state.

Parents must necessarily inform the agency about the alienation of immovable property acquired at the expense of the "parent" certificate. They must prove that as a result of the transaction there will be no deterioration of housing conditions, and the rights of offspring will not be violated. In this case, the family does not have to sell the "cherished" apartment: a variant of housing exchange for a more spacious one is allowed. If, nevertheless, there is an intention to realize an apartment, then new mansions should be located in a more prestigious area. Otherwise, the process of buying and selling housing may not take place on the initiative of state bodies.

What you need to remember more

There is another important aspect in considering the issue of how to sell an apartment purchased for a maternity certificate. This is a situation where a family in which the only source of income is the existing living space, plans a transaction for the alienation of the apartments, and a decision is made to transfer the children to an orphanage. Here, state structures can approve the sale of an apartment only if they confirm in writing the intentions of the parents.

Parallel to this, parents must open a deposit in the bank in the name of the child, which the state will take care of, and "put" a sum of money equivalent to the value of the stake in the property being sold.

Documentation

Those fathers and mothers who have a very remote idea of how to sell an apartment bought for maternity capital will be interested in learning about the list of documents transferred to the department dealing with the issues of guardianship and trusteeship.

First, it is necessary to fill in applications from the father and mother of a minor child. It will also require a statement from the minor himself (if he has reached the age of 14).

Secondly, it is necessary for all participants in the transaction to provide passports and their copies.

Thirdly, you will need receipts written by all homeowners, in which they do not object to the participation of a minor child in the transaction.

Fourthly, it is necessary to provide title documents to the object of purchase and sale ("pink" certificate, certificate from the BTI on the estimated cost of housing, apartment plan, certificate, which reflects the state of financial accounts and confirming the absence of debts for utility payments).

The interests of the child first ...

When considering the question of how to sell an apartment bought for maternity capital, the following circumstance should be taken into account: the state will give consent to the deal on alienation of housing if it is confident that the new apartment will have the same number of (or more) Meters, as in the old. If the area purchased by the choir exceeds the area of the old one, the proportion of the minor offspring must be increased without fail.

What else should you pay attention to those who do not know how to sell an apartment bought for maternity capital and buy another? It should be remembered that the transaction for the acquisition and alienation of real estate from the point of view of the time interval should be simultaneous. In other words, it is necessary to carry out the registration procedure for both contracts in parallel.

Want to sell an apartment bought with the help of parent capital? Do not forget about the fact that the transaction will be legal only if it is notarized.

Taxes

It is very important to remember that when making transactions with housing, you will have to pay taxes. If the apartment is registered in property less than three years, the amount of deductions to the state's income will be 13% of the value of the property.

Another nuance

The question of how to sell an apartment, bought for maternity capital, conceals another underwater stone.

The agency supervising the guardianship and trusteeship can "reject" the transaction if it turns out that the owners of the maternity certificate after the sale of the old apartment intend to purchase a new loan. A bank institution is unlikely to provide a mortgage on real estate, having learned that among the "potential" owners there will be underage children. Officially, they can recognize the right to own square meters only after the material obligations to the credit organization are fully executed. Consider the issue of mortgages in more detail.

Risks for purchasers of apartments using MSCs

After we found out whether it is possible to sell an apartment bought for maternity capital and buy another, it would be superfluous to consider the situation when the family acquires square meters on credit with MSK, and after some time after the payment of debts decides to act as the seller of this Housing in order to purchase more comfortable.

As already emphasized, if the apartments were bought within the framework of mortgage lending, then the entire amount of debt can not be repaid at once. The matter is that the bank will not agree to a pledge agreement if it establishes that the owners are adults. Naturally, the process of allocating a share in this situation is "frozen" until the credit institution receives its money back. At the same time, the father and mother of incompetent offspring should submit notarial guarantees to the Pension Fund that within 6 months from the date of repayment of all debts to the bank they will complete all documents properly. The problem is that the fulfillment of the above guarantees is not legally regulated, and parents often neglect their obligations. In a difficult situation, only those who are potential purchasers of an apartment from an "unscrupulous" father or mother remain. The thing is that after reaching the age of eighteen, the children of the latter can challenge such a transaction in court, and it does not matter whether the parents knowingly "delayed" the moment or by negligence. In any case, before the conclusion of such transactions, it is possible to use the services of a qualified lawyer.