Maternal capital with 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 upon divorceMaternal capital in divorce is dividedimpossible Photo: Getty You can realize the capital to increase the retirement savings of the mother, improve housing conditions or pay for children's education. Capital is called upon to improve the well-being of the family. Therefore, when a divorce occurs, there is a misunderstanding connected with its section.

How is capital divided?

Family law providesfairness in property division. Cash payments are divided in the same way as property. However, payments called targeted payments cannot be divided. Therefore, a certificate related to targeted payments cannot be divided. Marriage of spouses does not affect the possibility of receiving payments due to the mother. She can use them without being married or divorced. The father can use them when the mother:

  • Killed;
  • Disappeared;
  • Violated children's rights;
  • Has stopped adoption;
  • Has lost parental rights.

The woman may lose the right to the certificate. Then it will go to the father.

Property division

If using payments from the certificatean apartment is purchased, it rightfully belongs to all family members. Everyone receives an equal 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 a share. Any other agreement on their distribution is impossible. A house is registered according to the same principle. When the property is divided, each person claims only the share that is allocated to him. The same rules apply when using credit funds. The obligations to pay them are equally distributed between the parents. The sale of housing purchased with the help of a mortgage is carried out by the bank. Its value will be underestimated compared to the market price. The bank will withhold the amount of the debt from the amount received from the sale. To sell independently, 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.

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