In the event of divorce, controversial issues may arise about the division of property. For example, does maternity capital apply to jointly acquired property?
In accordance with Russian legislation, a woman who has given birth and / or adopted a second and / or third child with Russian citizenship acquires the right to receive maternity capital. When a woman and a man took part in the adoption, the woman still has the priority right to the certificate.
Purpose of maternity capital
The currently existing law defining measures of state support for families with children, which came into force in 2006, specifically stipulates the purpose of the so-called maternity capital. It can only be spent on the welfare of the child, his education, to improve housing conditions, as well as to pay off the mortgage loan and to increase the size of the future pension of the baby and / or his mother.
Initially, the law stipulates that the right to receive a certificate is granted to a mother and her children. Upon divorce, the property acquired by the spouses and the accumulated financial resources are divided. Maternity capital is not divided upon divorce, since it is not included in this category. The division of maternity capital is not provided for by the legislation of the Russian Federation.
Jointly acquired property includes immovable and movable property that the spouses acquired during their life together. The section of the acquired does not depend at all on the fact of registration in the name of only one spouse. Financial assistance received from the state cannot be considered acquired property, therefore it is not taken into account in the procedure for divorce.
Despite the clear wording of the law, men sometimes try to challenge the exclusive rights of women to maternity capital during divorce proceedings. Indeed, the father can be recognized as the holder of the maternity capital certificate in specially stipulated cases.
What rights to maternity capital does the father of the child have?
The father can be recognized as the holder of a certificate entitling him to receive maternity capital if the born and / or adopted child does not have a mother. If the man independently adopts the baby and the following children, the mother's right to the certificate passes to him.
In the event of the death of a woman, the forced cancellation of the fact of adoption or the commission of a criminal offense against her own child, as well as deprivation of parental rights, the father of the children becomes the owner of the maternity capital. In the event of the father's death, the children become the successors and independently dispose of the maternity capital. In such circumstances, financial resources come at their disposal at the age of 23.
