For the first time explained how in a divorce to do with real estate purchased for maternity capital.
Judging by the fact that the state is not going to waive payments of the parent capital, and families that received this money, is becoming more realistic to assume that such cases in the courts can be quite a lot. Therefore, explanations of the Supreme court in the case of partition of real estate, purchased by the family maternal capital can be useful to judges in the regions and to ordinary citizens, if they have to deal with a similar problem.
It all started with the decision of the city court of the city of Slavyansk, Krasnodar region. There the court considered the claim about the responsibility of an unfinished house. Ex-husband demanded that the court recognized the right of ownership of half of an unfinished house behind it. The house the family built in the marriage, the marriage ended, the house remained. But to issue it could not, since it is unfinished.
The court entered default is all property acquired by spouses during marriage is their joint property and in case of divorce is divided in half. This decision was made – half home court awarded the former wife, the other half ex-husband.
The regional court, where a disgruntled ex-wife appealed, challenging this division, confirmed the rightness of their colleagues, they say, was fair.
But the citizen has reached the Supreme court, and the court, carefully rereading the case, said the Complainant has rights. And the city and regional courts decided, in which “substantially violated the norms of material and procedural law”.
In the opinion of the Supreme court, these violations affected the case that was not given the opportunity to take a correct and lawful decision. Judicial Board on civil cases of the Supreme court decision both held cancelled and explained why.
So, the couple from the Krasnodar region have been married for seven years. They have two children. As expected, the state granted the woman the maternity capital. The money went to build a house for the family. The house was not completed, but the mother recognized the ownership of the structure.
The woman who received maternity capital, signed a pledge that said that she should within six months of receipt of the cadastral passport of the building to place the property in common ownership of yourself, spouse and children, identifying the amount of the shares for each. Required by law.
Money of the parent capital cannot be joint property and are not subject to section
Local courts, when examined the case, came to the conclusion that they built a house during the marriage and is jointly acquired. But the house was not completed, it cannot be put into operation, so the proportion of children to determine.
Judicial Board on civil cases of the Supreme court stated the following. Maternal capital can be spent only for strictly prescribed in the law purpose. One of them is the improvement of housing conditions of the family. Moreover, parents have a choice – build a house, reconstruct existing, to invest in building society. In General, to be a part of that in the end will give adults and children housing and that is not against the law. You can lay bricks yourself, you can negotiate with the company, but you can with an individual.
By law, such housing must be mandatorily furnished in the common share property of all members of the family – parents and children. All children, not just the ones after the birth which the state gave money to my mother.
The Supreme court emphasized – the law on maternity capital specifically outlined a circle of the subjects, whose property comes living quarters purchased or built with funds from this capital. And yet this law is installed and ownership is shared equity.
Under the Family code (articles 38 and 39) in the case of divorce the division of property between spouses is subject to only common property acquired during marriage. This list consists of common property and cash payments received by each spouse. But the total will be only those cash payments that have no special purpose. It is stated in the 34th article of the Family code.
And the funds of the parent capital on the law has a specific purpose. They may not be community property and therefore not subject to division between the spouses. Children, it is written in the law, shall be recognised by participants of the share property on object of real estate purchased for maternity capital. It does not matter, the money was spent on it in whole or in part. So the house, though unfinished, should be divided at all, as required by the Family code and the law on maternal capital. This is the case, the Supreme court ordered to be revised to reflect the clarification.
