Transactions in the housing market will become transparent
It is one thing to buy a home on a mortgage, attracting the help of relatives and friends. And it's quite another thing — to correctly draw up a purchase from the point of view of the law, so that, as they say, a mosquito does not undermine the nose. Otherwise, everything. In case of violation of the law — a court, harsh but fair, which may recognize the sale and purchase transaction as invalid. This problem has become particularly prominent in recent times. And it concerns, first of all, those purchasers who have entered into a mortgage … with maternity capital. The State Duma decided to deal with this problem.
The essence of the problem is this: if a family acquires housing (takes a mortgage loan with the involvement of maternity capital), then, according to the law, the right of ownership is registered with one of the parents — most likely with the mother, since the money is hers. However, according to the law, within six months this housing must be re-registered as common property. Including with the mandatory allocation of shares to minor children.
If this condition is not met, the courts decide on the invalidity of the purchase and sale transaction. As a result, the family is left without an apartment and without maternity capital.
This is how the media interpret the emerging conflict.
This situation is quite common. The acquirer family may not be aware of this clause in the legislation. As a rule, he does not know. Potential buyers are required to inform sellers about this, but they can simply forget — this also happens quite often.
And the ending turns out to be deplorable.
When concluding such a transaction, parliamentarians propose to enter information about raising maternity capital to the USRN database.
— Our company came up with this initiative a year or two ago, — explains Ivan Kamelskikh, head of the press service of the federal company «Etazhi». — It does not concern those who bought housing using mother capital funds, but those who bought from them.
— Banks, providing a loan for a mortgage to a young family, do not allocate common property, because in the event of termination of the repayment of the loan, it is almost impossible to collect the debt from minor children. Shared property remains unlisted for family members.
After some time, a young family wants to improve their living conditions and sells this very apartment, where no shares were allocated for minor children. And there is no information anywhere that housing was originally bought with maternity capital.
You buy this apartment legally, and after 5-10 years the doorbell rings. Children came who have every right to live here, because they have their own shares, the Court restored their rights to property, declared the sale and purchase transaction invalid. The courts always take the side of the children.
So that such situations do not arise, it is necessary to make a record in the USRN that housing was bought with the involvement of maternity capital. During its subsequent sale, the owners themselves often do not know that everything is not in order there, that is, not fully formalized. We have been asking for a long time to enter information about maternity capital into the USRN so that all participants in the transaction are fully informed.