How to sell an apartment bought for a parent's capital, and buy another?

According to statistics, so fara large number of families who own 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, footage 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 in the mouth.

In addition, the troubles associated with the legalregistration of real estate, take a lot of effort and time. And yet, the option of expanding the square meters due to the sale of apartments purchased through the "parent" certificate should not be discarded. For the sake of justice, it should be emphasized that this procedure can be fraught with certain difficulties.

Specific steps

First, the rights and interests must be taken into accountminor children who have a share in the apartment - this is controlled by government agencies in the face of the guardianship and trusteeship bodies. You do not know how to begin the solution to 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 are required toinform the agency about the alienation of immovable property acquired through 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 need 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 one more important aspect inconsidering 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 available 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 the intentions of the parents are confirmed in writing.

Parallel to this, parents must opendeposit 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 verya distant idea of ​​how to sell an apartment bought for maternity capital will be of interest to learn about the list of documents transferred to the agency 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 also requires a statement from the minor (if he has reached the age of 14 years).

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

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

Fourth, we should providelegal documents on the object of sale and purchase ("pink" certificate, certificate from the BTI on the estimated value 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 how to sellan apartment bought on the maternity capital, it is necessary to consider the following circumstance: the state will give consent to the transaction on alienation of habitation if it is assured that in new apartments the child will be allocated the same (or more) sq. m. 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 notknows 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 in terms 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 dealswith 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 Office, which oversees the sphere of guardianship andguardianship, can "reject" the transaction if it turns out that the owners of the parent certificate after selling the old apartment intend to acquire 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 sellan apartment bought on the 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 a seller of this housing in order to acquire a more comfortable one.

As already emphasized, if the apartmentbought within the framework of mortgage lending, then you can not repay the whole amount of debt 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 legally 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.