Maternal capital with divorce

Based on the number of 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 of making payments. 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 providesequity in the property section. Cash payments are divided in the same way as property. However, payments, called target, can not be divided. Therefore, the certificate relating to the targeted benefits can not be divided. Marriage of spouses does not affect the possibility of receiving payments to the mother. She can use them without being married, or being divorced. The father can use them when the mother:

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

A woman may lose her right to a certificate. Then it will pass to the father.

Property division

If by means of payments from the certificate is acquiredapartment, 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 a ¼ share. Another agreement on their distribution is impossible. The house is issued on the same principle. When the property is divided, each applies only to the share that is allocated to it. The same rules apply when using credit. Obligations for their payment are evenly distributed among the parents. Sale of housing acquired with the involvement of a mortgage is made by the bank. Its cost will be underestimated compared to the market price. The bank will withhold the amount of debt from the amount received at the sale. For sale, you will need to obtain permission from the bank and a number of government agencies. Payments on the maternity certificate belong to the mother. The father can apply for them in exceptional cases.

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