The marriage couple decided to sever an apartment between them and children, which was bought due to maternity capital and their capital. In judicio there was a question: sever the housing equally in four parts, or recognize the right of the children only for a small "piece" of the share purchased for the maternity capital. The Supreme Court made decision, and commentators chided the legislator for a gap in the norm of law.
In 2016 the Supreme Court supported the second approach in two reviews of judicial practice, continues the project manager of the company "Khrenov and Partners" Anna Burdina. The Supreme Court argued logically, but the part of children may be so small that it is unlikely that they will have to speak about the priority protection of their interests, said lawyer of the National Law Company “Mitra” Alina Zelenskaya. At the same time, she says, if house was bought only due to the funds of the maternity capital, it is severed equally between parents and children.
Materials were taken from “Pravo.ru”
