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Maternity capital in a divorce of spouses: how an apartment, house, mortgage is divided
The maternity capital received cannot be divided in case of divorce. It is issued to families to help raise a child. The certificate is personal and is available only to the mother. She is the person who received the certificate, so only she can dispose of it.
Maternity capital upon divorce
Based on how many children a woman has, the amount of the certificate may vary. Payments for 3 children are significantly higher than for 2. The law provides several ways to implement payments. The mother can choose any of them.
Maternity capital cannot be divided in case of divorce
Capital can be realized to increase the mother’s pension savings, improve housing conditions or pay for children’s education. Capital is designed to improve the well-being of the family. Therefore, during a divorce, there is a misunderstanding associated with its division.
Family law ensures fairness in the division of property. Cash payments are divided in the same way as property. However, payments, called target payments, cannot be divided. Therefore, the certificate related to targeted payments cannot be divided.
The marriage of the spouses does not affect the possibility of receiving the payments due to the mother. She can use them without being married or being divorced. The father can use them when the mother:
- Killed;
- Lost;
- Has violated children’s rights;
- Stopped adoption;
- Lost parental rights.
A woman may lose her right to a certificate. Then it will go to the father.
If an apartment is purchased with the help of payments from the certificate, it rightfully belongs to all family members. Everyone gets the same share. Its size is determined individually, based on the number of family members. If the family consists of parents and 2 children, each will receive ¼ share. No other agreement on their distribution is possible. The house is decorated according to the same principle.
When property is divided, each one claims only the portion that is allotted to him.
The same rules apply when using credit funds. Obligations to pay them are evenly distributed among the parents. The sale of housing purchased with a mortgage is carried out by the bank. Its value will be understated compared to the market price. The bank will withhold the amount owed from the amount received on the sale. To sell on your own, you will need to obtain permission from the bank and a number of government agencies.
Payments under the maternity certificate belong to the mother. The father can claim them in exceptional cases.