In Russia, there is a special form of state support for families with children. It's called maternity capital. Can the second spouse claim the right to dispose of this capital?
What is maternity capital and its basic principles of operation
As you know, maternity capital is accrued once for any family after the birth or adoption of a second and subsequent child. It was established on January 1, 2007. Thus, young families received the right to receive a monetary certificate that can be used to purchase or repair housing, pay for the education of any child, or increase the funded part of the mother's pension.
Maternity capital can only be used after three years of the child for whom it was registered. In any case, the funds are deposited into a bank account and their use is closely monitored.
At the time of the creation of this form of state support for young families with children, its size was 350 thousand rubles. It is indexed annually along with inflation, which has not been carried out for three years. Now the size of maternity capital in Russia is 453 thousand rubles. Namely, this amount can be counted on by parents who have or will have a child in 2018.
Does the new husband have the right to maternity capital
What to do if the parents divorced and the young mother remarried? Will the new husband apply for this money certificate?
In Russia, there is an article of the Family Code of the Russian Federation, according to which all social benefits are not the common property of spouses. And maternity capital is just such a payment. Thus, it can be disposed of by the person for whom this maternity capital is registered. In this case, the mother is the priority design figure. This means that in the event of a divorce, the maternity capital will not be divided between the spouses. Moreover, this applies to the new husband, in which this payment was not formalized at all.
But, if the maternity capital is used to improve housing conditions, being in a second marriage, then all family members will equally claim this dwelling in equal shares. Of course, subject to the adoption of children by the new father. In this case, it will be necessary to register all family members in the new house.
