How is mat capital divided? Maternity capital in case of divorce of spouses: how is the payment divided? Features of the use of maternity capital for mortgages

Between spouses, as it is targeted support from the state. Upon divorce, the funds will remain with the owner of the certificate for maternity capital.

The owner of the document has the right to submit an application for the disposal of funds (or a certain part) Anytime after the child is three years old from the date of birth. But if you need to pay the down payment on a loan or loan to purchase a home with these funds, you can use them at any time, without waiting for the child to turn three years old.

Also, from January 1, 2018, a new law No. 432-FZ of December 28, 2017 came into force, according to which maternity capital can also be spent until the child reaches the age of three to pay for paid educational services.

As for the property that was acquired with maternity capital, it will not have to be divided, because it will already be in the shared ownership of each family member.

If the family bought an apartment on a mortgage, and repaid part of the debt from maternity capital, but decided that they would be required to pay the rest of the mortgage loan in half.

How is maternity capital divided in a divorce?

• when he independently adopts a second and subsequent child;
• the mother of the child dies, or the court recognizes her dead;
• mother was deprived of parental rights;
• the mother has committed a crime against her child or children;

Is maternity capital divided between spouses during a divorce?

Usually, in a divorce, the jointly acquired property is divided in half. everything that was acquired at the time when the spouses were married is recognized (clause 1, article 34 of the RF IC - the Family Code of the Russian Federation).

Maternity capital, as a rule, is also acquired during the marriage of spouses, but the reason why maternity capital is not subject to division is that it has a special purpose - financial support for the family who has two or more children. And the money received for the purpose is usually.

The amount of money indicated in the certificate for maternity (family) capital in relation to property can be spent on improving the living conditions of the family (Article 10 of the Federal Law No. debt on purchased housing in a mortgage or use as a down payment on a mortgage.

The Sidorovs decided to end their marriage and family relationship. They decided to divide their jointly acquired property - a residential building by ½ share to each. In addition, the spouse has a certificate for maternity capital to receive a certain amount of money. Dividing such an amount for two is prohibited by law, the funds indicated in the document will remain with the spouse and she will be able to spend them exclusively for purposes established by the state.

Division of housing purchased for maternity capital

In 2019, the maternity capital is 453,026.00 rubles and its size will remain unchanged until January 1, 2020 in accordance with Art. 12 of Law No. 444-FZ of December 19, 2016.

It is impossible to buy housing for the above amount in our country. Accordingly, many families use maternity capital in order to partially pay for the purchase of housing. When buying a home with funds from maternity capital, regardless of this, or - real estate will be registered in shared ownership(clause 4, article 10 of the Federal Law No. 256).

Usually belong in equal proportions to the husband, wife, and at least two children. But it is not uncommon for one of the spouses to decide to leave the family.

In this case, the share of each family member has already been determined, and, accordingly, only other property acquired during the marriage can be divided during a divorce. In this case, allocate a share in the apartment in nature is impossible, since there must be a separate exit for this. In this case, the husband may demand , equal to the value of his share and give his share to his wife.

The Petrovs, who have two children, decided to buy a four-room apartment. The amount of money for the purchase of property consisted of family savings and maternity capital. The apartment was bought and registered in the ownership of 1/4 share for each family member. After 5 years, the couple decided to end their marriage. The spouse does not have the right to divide the apartment in half, since the shared ownership of each was already initially established on the property. The husband received compensation for his share in the amount of 1,000,000 rubles and refused it.

How is an apartment bought with maternity capital divided during a divorce?

For those purchased on credit, the same requirements apply as for real estate without encumbrance. If a person, when registering, uses the funds of maternity capital, then you will have to issue an apartment in common ownership.

The Ivanovs decided to purchase a four-room apartment on a mortgage, and part of the debt was paid from maternity capital. The share of each family member in this apartment is 1/4. The couple decided to divorce. By law, debts acquired during marriage are also subject to division in equal parts between the spouses. That is, the remaining part of the loan debt, the spouses are required to pay, after dividing this amount in half.

Questions from our readers and answers from a consultant

Hello! We want to divorce my husband, we have two children and we have a certificate for maternity capital. How will the amount of money indicated in the certificate be divided if the document belongs exclusively to me? Can I use it after a divorce?

The amount of money indicated in the document is not subject to division. It is aimed at financial support for families with two or more children. It is impossible to divide it in half with a spouse. After the dissolution of the marriage, you, as the owner of the document, will manage the funds, but only for certain purposes established by the state: getting an education for a child, buying real estate - residential premises, and also forming your future pension.

Hello! Do I have the right to receive maternity capital if my son died at the age of 11 and I am expecting a second child?

Yes, after the second child is born, you have the right to receive maternity capital. To do this, you must provide documents confirming the birth of the first child (they can be requested from the registry office).

Maternity capital is the payment of financial assistance to a family at the birth or adoption of a second and subsequent child. When a marriage is dissolved, maternity capital often becomes a subject of controversy, since not only the mother, but also the father of the child claims money. In the article, we will consider how these funds and property acquired with their use are divided during a divorce, as well as when a father can receive maternity capital.

Who can receive maternity capital and what it is allowed to spend

Payments at the birth of the second and subsequent child are approved by the Law of the Russian Federation of December 29, 2006. No. 256-FZ. The deadlines originally set by law have been repeatedly extended. To date, the program is officially valid until December 31, 2018.

According to the law, the right to capital has:

• a woman who gave birth or adopted a second child after January 1, 2007;
• the father or adoptive parent of the child;
• child if the parents have lost their right to capital.

The law also defines the purposes for which these funds can be spent. The list is as follows:

• improvement of family living conditions: purchase, repair and reconstruction of a house or apartment, repayment of a mortgage loan, participation in shared construction or a housing cooperative;
• child's education;
• formation of funded pension for mother or father;
• social rehabilitation of a disabled child.

How is capital divided in a divorce?

The divorce of spouses can cause disputes regarding the right to capital. According to Art. 38 of the Family Code, upon dissolution of a marriage, only jointly acquired property is subject to division, and based on Article 34 of the RF IC, family capital is not. Thus, upon dissolution of marriage, the certificate will remain the property of the person to whom it was issued.

When can a father issue a certificate in his name

The father will be able to dispose of the certificate during a divorce if it was originally issued in his name, or the right to it was transferred due to certain circumstances. This is possible if:

• the man independently adopted a second child, provided that the court decision entered into force no earlier than January 01, 2017;
• the mother of the child has died or been declared missing on the basis of a court decision;
• the mother has been deprived of parental rights or has committed a crime against the child.

How to divide shares in an apartment purchased with maternity capital

The legislation establishes the basic requirement for registration of the right to housing that was purchased or built using a certificate. The right of ownership should be allocated to all family members, including children. Thus, during a divorce, the husband and wife have shares in the apartment, and each of them can dispose of only his share.

The apartment usually remains to the former spouse with whom the children remain to live. If they live with their mother, the father can issue a donation for his part of the housing in favor of the children in payment of alimony or by obtaining the sole right to other property acquired in marriage.

When dissolving a marriage, spouses must take into account the following points regarding such housing:

• the ex-husband after the divorce has the right to live in the apartment;
• a woman will not be able to register third parties in an apartment without the consent of her ex-husband;
• the court cannot make a decision obliging the father to renounce his share of the property.

If the certificate is issued not in the name of the husband, then he has the right to claim the apartment if it was purchased before the dissolution of the marriage. Otherwise, housing is issued only for the mother and children.

Features of the section of housing purchased with a mortgage

When buying a home and using maternity capital and a mortgage loan, housing must still be registered for all family members. Since the property of minor children cannot be mortgaged, the owner of the certificate signs the obligation at the time of the loan. It indicates that after the repayment of the mortgage in housing, shares will be allocated to all family members.

The issue of repayment of the loan and the division of the apartment is resolved by agreement of the parties or in court. So, if the spouse or spouse acted as co-borrowers, then they have the same obligations to the bank, regardless of how much each of them will receive during the divorce. At the same time, a share of the part of the cost covered by maternity capital, namely from 453,026 rubles, must be allocated without fail. Therefore, if one of the spouses proves in court that the repayment of the loan to a greater extent occurred at the expense of his personal funds, he may be awarded more than 1/4 of the housing.

All questions of interest can be asked in the comments to the article.

How is maternity capital divided during a divorce of spouses?

The norms of paragraph 2 of Art. 34 of the Family Code of the Russian Federation indicate that the legal regime of property of the spouses implies the receipt of all acquired property in their joint property. Among other property, monetary payments from the state are also mentioned, which can be spent for any purpose.

Thus, state support, which has a special purpose and can be spent only for the purposes for which it is directed, is not joint property. By virtue of paragraph 3 of Art. 2 of the law "On additional measures of state support for families with children" dated December 29, 2006 No. 256-FZ, a certificate for mother capital is a registered document and is issued to persons entitled to receive this state support and indicated in Art. 3 of the same law.

Consequently, maternity capital is not subject to division between spouses during a divorce, since:

• issued to a specific person;
• has a designated purpose (mostly related to the interests of the child);
• is not joint property of the spouses.

Who will get the maternity capital after a divorce?

Maternity capital after a divorce is not divided and remains with one of the former spouses, by analogy with personal property. Who will get the maternity capital in the event of a divorce of the spouses, is determined by Art. 3 of Law 256-FZ: as a general rule, in complete families, the recipient of the payment is the mother of the second or subsequent child (that's why the capital was called maternal). However, in exceptional cases, provided for in paragraph 3 of this article, after the termination of marital relations, the right to use state support funds passes to the father.

Among such cases, the law highlights:

• deprivation of mother's maternal rights in accordance with Art. 69 RF IC;
• recognition of the mother as guilty of committing an intentional crime against her child, responsibility for which is provided for by Section VII of the Criminal Code of the Russian Federation (infliction of harm to health, violation of sexual integrity, involvement in the commission of a crime, etc.);
• declaration of the mother as deceased or her death.

In these cases, the father himself can use the capital, provided that he himself did not commit crimes and did not lose parental rights.

Don't know your rights?

Divorce with a mortgage with maternity capital

So, the maternity capital itself is not divided during a divorce, however, in practice, situations are not uncommon when property, such as an apartment, was acquired with these funds. The division of an apartment purchased with borrowed funds (with a mortgage) in itself presents a certain difficulty.

Within the meaning of sub. "d" clause 8 of the Rules for the allocation of funds (part of the funds) of maternity (family) capital for improving housing conditions, approved by Decree of the Government of the Russian Federation of December 12, 2007 No. 862, housing acquired with the participation of maternity capital funds must be registered in the common ownership of the certificate holder (or both spouses) and all his/their children. By virtue of paragraph 3 of Art. 224 of the Civil Code of the Russian Federation, housing acquired in this way must belong to the mother and children on a shared basis, since the legislation does not provide for a joint regime of ownership of parents and children.

Consequently, the share of one of the spouses is the joint property of both (in the absence of other rules established by the marriage contract), and the shares of the children remain directly behind them.

According to the general rule, enshrined in paragraph 1 of Art. 39 of the Family Code of the Russian Federation, when dividing the specified part of the residential premises that does not belong to children, the shares of each spouse in it will be equal. Since the joint debts of the spouses, on the basis of paragraph 3 of this norm, are also divided in proportion to the share received, the obligations under the mortgage loan must also be divided equally.

So, maternity capital is provided by the state as an additional measure of support for parents of two or more children, as well as a means of stimulating the birth rate. At the same time, it is a target payment, the certificate for it is nominal. Matkapital is not subject to division either by agreement of the parties, or in court (at the request of one of the spouses or the creditor of one of them). As a general rule, a certificate is issued in the name of the mother, and only in exceptional cases, specified in the law, can it be used by the father (or adoptive parent). The procedure for dividing an apartment purchased with a mortgage using capital funds is no different from the procedure for dividing housing acquired without maternity capital: the shares of the children remain with them, the spouses receive their shares in the remainder, the mortgage is divided in proportion to the shares received.

A strong family and stability for many years is the goal that every person subconsciously strives for. But in reality, events often do not go according to plan.

Coping with a series of difficulties that fall like a lump on the head of young families is sometimes not easy. Often this leads to a painful breakup, in which each of the spouses blames the other, not wanting to admit their mistakes.

Almost every divorce is accompanied by a division of property.. Everything falls under the “blow”: from real estate and savings to family capital received after the birth of a second child.

Is maternity capital divided between spouses upon divorce? And are there any changes in the legislation regarding this issue in 2020? Let's get a look.

Articles 38 and 39 of the Family Code of the Russian Federation contain information that in the event of a divorce of spouses, only property acquired during marriage (joint) is subject to division.

The list of joint property received during the period of marriage is presented in Article 34 of the RF IC.

It also includes payments that do not have a special purpose:

1. The amount of financial assistance;
2. Amounts paid to compensate for damage to human health;
3. Income received from labor or intellectual activity;
4. Pensions, allowances, etc.

Pay special attention to this nuance! The fact is that maternity (family) capital is a targeted payment aimed at implementing additional measures of state support for families in order to create conditions that provide them with a decent standard of living (FZ No. 256).

This means that it is not jointly acquired property and is not subject to division by law. The funds remain with the person who is the owner of the certificate (in whose name it is issued).

In some cases, it can be issued / re-registered to the father, regardless of his citizenship:

Men who are stepfathers to the first born / adopted child cannot count on the payments due in these cases.

How is an apartment bought with maternity capital divided during a divorce? Payments from the state can be directed to the purchase of a finished property, the reconstruction of an existing property or the construction of a new one.

A dwelling purchased with maternity capital becomes the common property of family members: spouse, wife and children, including the first. The size of the shares is determined by an agreement concluded by family members.

According to the requirements specified in Article 60 of the RF IC, children do not have the right of ownership to the property of their parents, and parents - to the property of children. A house or apartment, even unfinished ones, must be shared among all participants.

Therefore, when dividing property between spouses, the share of children remains inviolable, even if the property has not been put into operation at the time of the disputes.

There are several options for dealing with this situation:

If one of the spouses agrees to give up his share (cede), then a maintenance agreement is concluded with him, according to which the value of the share is deducted from the monthly payments aimed at paying alimony.

How is a house bought with maternity capital divided during a divorce? As in the case of an apartment, a house purchased with maternity capital funds becomes the common property of all family members (parents, children).

After a divorce, one of the spouses has the full right to reside in their territory. The decision to partition must be made voluntarily.

One of the options is to allocate shares in kind. You can make an extension to the house, observing the requirements of the law.

How is the mortgage divided with maternity capital in case of divorce with children?

Funds in full or part of them can be used to repay the principal debt, pay interest on mortgage loans, and the down payment. In a divorce, the debts are divided equally between the spouses.

This situation is solved in several ways:

Can the apartment be sold? This option is possible with the early closing of the mortgage debt and the subsequent registration of the apartment in joint ownership.

If the debt has already been repaid, further implementation takes place according to the standard scheme - with the involvement of guardianship and guardianship authorities and the provision of an equivalent share to children in new housing.

Does an ex-husband have the right to maternity capital after a divorce?

Since cash payments are targeted, they do not apply to jointly acquired property and are not subject to division. The money remains with the person in whose name the certificate is issued.

Therefore, all questions regarding whether a husband can claim family capital are unfounded. The exceptions are the cases described in the second paragraph of the article.

Unfortunately, there are often gaps in the legislation. And different courts interpret what is written in the law in their own way, making radically different decisions.

Asking about the division of maternity capital or property acquired with its involvement, refer to the decisions and explanations adopted and presented by the Supreme and Constitutional Court of the Russian Federation.

In the case of an unfair decision in your opinion in the district court, you can appeal it to higher authorities.

How maternity capital is divided during the divorce of spouses is the main question that arises for a couple who have at least two children and decide to acquire a new marital status. In this situation, there are a number of features that cannot be ignored.

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Maternity capital is a targeted program developed by the state to improve the well-being of Russian families.

Features of maternity capital as a legal structure:

• cash is presented in the form of a certificate (right);
• provided to families with 2 or more children;
• does not have a specific owner of funds (belongs to the whole family);
• maternity capital subsidies will be more for the third and subsequent children than for the second;
• every year the funds on the unused certificate are subject to recalculation based on the inflation rate;
• not subject to division;
• paid once in a lifetime;
• issued to only one person;
• the right to receive this type of support is inalienable;
• is not property;
• has only a non-cash form (exceptions are regional forms of subsidies);
• not taxed.

Regulatory document establishing the grounds for obtaining and disposing of maternity capital:

It is important to take into account a number of nuances that arise during the implementation of maternity capital:

• When buying real estate at the expense of these funds (or paying part of its cost), it is necessary to allocate a share in the right to this property for children (the maximum period for allocating a share is 6 months (for mortgage obligations, the period starts to run from the moment the last payment is made). entails the withdrawal of maternity capital.
• If the funds of subsidies are directed to the education of a child, then they must be used before the child reaches the age of 25.
• The spouses or one of the spouses may waive their share in favor of the children.
• The allocation of a share of property to children is carried out either by concluding an agreement or by drawing up a gift agreement.

Who is the recipient?

Despite the fact that the name of its owner is indicated in the mother certificate, it does not belong to a specific subject, but is aimed at helping the whole family.

Within the framework of the law, the following can apply for social support in the form of a maternity certificate:

• Citizens of the Russian Federation permanently residing in the territory of the state;
• Citizens of the Russian Federation permanently residing in the territory of another state;
• Persons with dual citizenship, one of which is Russian.

One of the following entities can be called the owner of maternity capital:

• The mother of a born or adopted child.
• Father, if he is the only parent or adoptive parent of the child, as well as in exceptional cases.
• Minor children, child (if they do not receive payments from the father, mother or other legal representatives).
• Adult children (child) studying full-time and under the age of 25 (if this right was not previously exercised by their legal representatives or they are deprived of this right).

What rights does a father have?

There are a number of exceptional circumstances in the legislation, according to which a man (father) becomes the owner of the maternity capital instead of the mother.

These include:

• a man voluntarily and through his own efforts adopted a second or subsequent child;
• the mother of the child has died, died in childbirth or, by a court decision, has been declared dead or is absent altogether;
• the mother of the child was deprived of parental rights;
• the procedure for canceling the adoption, previously carried out by the mother, has been carried out;
• the mother has committed a crime against her child(ren).

The above circumstances transfer the entire scope of the rights of the certificate holder to the father of the children and deprive the mother of the opportunity to apply for a subsidy.

The rules also apply to situations where the father of the family is a foreigner.

According to general rules, when the father is not a certificate holder, he can apply for a share in the right if maternity capital funds were used to improve living conditions during the marriage.

But since this subsidy is not the common property of the spouses, the shares are not divided equally. The father's share of the living space cannot exceed 25%.

After the divorce, the father does not have any rights to the maternity capital that was not used during the marriage.

Options for using funds

The program for supporting families with a mother's certificate is a target area of ​​activity for the state, which establishes several imperative options for the use of funds.

Among them:

• improvement of the family's living conditions (construction, repayment of mortgage lending or down payment, repairs);
  paying for a child's education;
• formation of an additional part of the pension for the mother of children;
• purchase of goods and services necessary for the life support of a disabled child (their list is limited and strictly regulated).

How is maternity capital divided during a divorce in 2020?

Is it shared and who gets it?

According to its legal nature, the parent certificate is a means of implementing the state target program, which can only be used in certain areas.

That is why such a certificate should not be treated as joint property, but as a benefit that names the person to whom it is addressed.

In other words, maternity capital in its original form cannot be divided between former spouses. The funds named in the denomination of the certificate will remain with its holder.

If the child stays with the mother

As a general rule, the first owner of the certificate is the mother of a born or adopted child. She remains the sole owner of the certificate after her divorce from her husband.

This rule does not apply to cases where maternity capital funds were used to improve housing conditions.

Then, for each family member, including children, appropriate shares in the right should be allocated.

If the child stays with the father

In cases where the child (children) remain with the father, then the authority to use their shares in real estate is transferred to him.

That is, he has the right to carry out various operations with them, if there is the consent of the authorized bodies. He can claim the payment of alimony from his wife or the repayment of this obligation by waiving her share in the common shared property and thereby repaying the maintenance obligations.

In exceptional cases, the father can become the full owner of the maternity capital.

General Rules and Procedure

In cash

Withdrawal of funds by certificate is not possible. The only option when these funds can have a cash equivalent is to use them to buy a home with subsequent resale.

However, the spouses will receive funds equal to their shares.

Before selling, you should obtain permission from the social security authorities, which will indicate that the interests of children are not infringed.

After buying and selling a home

Real estate acquired with the involvement of maternity capital has a different division procedure than the common property of the spouses.

The legislator establishes such a rule in view of the fact that the subsidy itself is directed to all family members and, accordingly, the interests of not only parents, but also children should be taken into account. Therefore, in a family of four (two parents and two children), 25% of the living space is due.

The redistribution of shares is prohibited by law. Shares may be different if the family has more than 2 children.

You can resolve the issue of the share due in one of the following ways:

• by allocating shares in kind;
• refusal of the due share on account of the repayment of alimony;
• receive other property commensurate with the share;
• demand commensurate payments.

There are a number of nuances that must be taken into account when selling and then buying a new home.

These include:

• preliminary obtaining consent to the sale from the guardianship and guardianship authorities;
• newly purchased, with the proceeds, living space should not be less than the area of ​​the previous one;
• the ownership of children (their shares) to newly purchased housing should not be less than before.

If used for renovation

When using a state subsidy for the repair or redevelopment of premises, the parent certificate holder undertakes to register such premises as common shared ownership.

At the same time, the shares of each family member will be equal, and there is no way to claim a larger share than what was previously stated.

When paying off a mortgage

If the maternity capital funds were used to pay off the mortgage, then there can be two outcomes of events:

• Payment of maternity capital and full repayment of mortgage obligations (the rules for the division of real estate are applied, which are provided for the purchase and sale of real estate using maternity capital).
• The subsidy was used as a down payment on a mortgage or to pay off part of the debt (divorced spouses are required to pay the remaining amount of the debt equally, since, in most cases, they are co-borrowers and bear subsidiary liability. However, despite the fact that only they bear the mortgage burden, this in no way affects (does not increase) the size of their shares in the property and does not detract from the property rights of their children).

After divorce

If the funds of state subsidies were not used during the marriage, then the ex-husband (in exceptional cases - the wife) cannot claim their part.

The same applies to the purchase of real estate, the education of children and the implementation of repairs. The former spouse will not be able to allocate a share, since he does not have any powers.

When buying a home using this subsidy, only a divorced mother and her children become its owners.

Practice shows that in order to eliminate the need to allocate a share to a spouse with whom the issue of divorce is acute, it is better to buy an apartment for maternity capital after the divorce process.

This point makes it possible to exclude the possibility of awarding a part of the property even through judicial challenge.

The nuances of the division of mortgaged housing

Is it possible to sell an apartment with an outstanding mortgage?

The law does not prohibit the sale of an apartment with an outstanding mortgage, in the amount of fulfillment of obligations for which maternity capital was invested.

However, the process is somewhat complicated, since, in addition to the will of the borrowers, it is necessary to obtain permission from:

• the credit institution that provided the funds;

If one of the spouses evades the obligations to repay the mortgage, the following consequences may occur:

• the bank transfers the entire amount of the debt to the second spouse;
• the bank puts the collateral property up for sale, and at the expense of the proceeds, the amount of the debt is repaid, the rest is returned to the spouses;
• one of the spouses redeems his share, and the money paid by him is transferred to pay off the obligation to the bank;
• the second spouse assumes the entire mortgage burden (including that part of the obligations from which the ex-husband, wife evades), and after paying off the debt, collects the due compensation in court.

How to divide shares after repayment of obligations?

After repayment of obligations, the shares of the former spouses are distributed according to the general rule provided for common shared ownership with a commensurate reduction in their shares in favor of children.

Can Rosreestr refuse to issue shares?

There are a number of reasons why Rosreestr refuses to issue shares.

These include:

• Violated the general procedure for filing documents(incomplete package; the person submitting the application has no authority; the documents are falsified, etc.).
• Lack of a notarized agreement on the allocation of a share of property for children(except for transactions with land or, if the mother is the sole owner of real estate that has the status of individual property) or a donation agreement.
• The proportion per child, converted to square meters, does not correspond minimum established standards (9-12 square meters).
• The amount of maternity capital funds covered most of the cost of the apartment, but this was not taken into account when distributing shares. In such cases, the proportion of children should be greater than that of the parents. The rule does not apply to the case when the living space was purchased entirely with state subsidies, then the general division rule remains in effect - no more than 25% per family member.
• The agreement on the allocation of shares does not provide for a condition on the possibility of further redistribution (reduction) of shares in connection with the birth of subsequent children.

Reasons and grounds

The basis for the division of maternity capital can only be the presence of a share in the right.

Of all the listed options for using the certificate, the share can be formed by acquiring, building, reconstructing or repairing a real estate object, then the only reason for dividing this subsidy is the common shared property of the spouses and their biological or adopted children.

How to appeal such a decision?

Appeal against decisions related to the interests of children is allowed only in court. The general procedure for treatment and jurisdiction applies.

What issues can only be resolved through litigation?

As part of the court proceedings on the issue of the division of maternity capital, the following issues can be resolved by former spouses:

• on recognition of the right to extradite state subsidies in the form of maternity capital;
• on the alienation of the right to maternity capital from one spouse and the transfer of this right to another spouse or children;
• on the recognition of the mother's certificate as invalid;
• on the procedure for disposing of state subsidy funds;
• on the division of property acquired using maternity capital (when one of the spouses refuses to provide the child with the share due to him);
• on determining the shares of children and parents in a residential area purchased with the involvement of maternity capital (when the allocation of a share is difficult or impossible);
• appeal against unjustified refusal of the authorized body to perform registration actions;
• on the division of mortgage debt when the other spouse withdraws from the obligation.

Conclusion