How to divide a house bought on the parent capital?

According to the Russian law, the parent capital non-redeemable. There are only three ways it legal use: to Fund the future pension of the mother, the child's education, improvement of living conditions. 8 out of 10 Russian families send money to family capital for the purchase or construction of housing. Unfortunately, there are cases of disintegration of marriage when the family has to divide joint property.

On which side of the law?

The sum of the parent capital in 2014 equal to 429 408 rubles. For that kind of money to buy a house is unrealistic. Thus the family is faced with a choice: add an existing certificate as the first installment and to pay the accumulated funds; to contribute and take a loan for the remaining amount.

Whichever method of purchase was chosen, purchased the house originally decorated in fractional ownership. The share of each will be determined depending on the number of family members. Given that the maternity capital is issued for second or subsequent children, the part of each owner of the house, including children, will be equal to at least 1/4.

It is important to pay attention to the fact that every child will be the rightful owner of his share.

By the age of majority the child will be able to dispose of their property independently. To 18 years the right to share children's mother. Therefore, if the husband decided to leave the family and asks for his share, he can count on the division in court, after filing for divorce. As a rule, at registration of divorce, the children remain with the mother for available living space. Jointly acquired, and this includes debt, will be divided equally. That is, if the house was paid for with a loan, the husband is obliged to pay their share until full repayment. After that, he can qualify for an amount equal to the value of his share in the house.

Without a roof over your head

Increasingly, there are situations when a woman with children is without a livelihood. To pay the remaining loan is not possible, and the house passes into the possession of the Bank. In this case, do not despair. The state is obliged to provide housing on the basis of minimum square for each family member. Of course, the quality of the housing will be very low. Usually an old house or apartment, located in the village, not having Central communications and amenities. But still, it's better than nothing.

Over time, you can improve the conditions of life.

An example of dividing the house

On the example of a family with three children. The contract of purchase and sale of all the family members are the owners purchased the home. Making a divorce, filed an application for division of property. It can be satisfied in several ways:

a woman gets a 4/5 house in the property and available credit is divided equally between the spouses;

- a spouse can sell their share to the spouse, while continuing to repay the total loan, or can sell their share after deduction of the loan;

- if the husband doesn't want to leave the house, the wife has the right to exchange their 4/5 at home in a different housing. However, it will have to issue some additional documents proving that every child's rights are not prejudiced by the change of living space.