Family capital: what can be spent ahead of time and what mistakes lead to refusal to use it

Since 2015, the family capital program has been operating in Belarus, and from 2020 it is allowed to use it early. Over the years, thousands of families have already disposed of funds to improve housing conditions, for paid education, medical services. At the same time, notaries record typical errors in the preparation of documents that lead to refusals in transactions and litigation. On how to avoid risks, the correspondent of “R” told the notary of the Gomel notary district Lydia Grekova.

The family capital program is one of the main measures to support large families. But if earlier it was possible to dispose of funds strictly after the youngest child reaches the age of 18, now the legislation allows for early use. As Lydia Grekova emphasizes, this is not about the emergence of a new law, but about a new procedure for the implementation of the existing one - with additional legal guarantees and a more flexible mechanism.

The size of the family capital, appointed in 2026, is 35,505 rubles — 6.7 percent more than a year earlier. The program has been extended until 2029, and the list of targets for early use has been expanded. “The changes of 2025 have made this right virtually “alive”: a family can use capital at a time of real need, whether it is buying housing, medical treatment or education,” says Lydia Grekova. Today, family capital funds, regardless of the period that has elapsed since the date of appointment, can be directed to four main areas.

Housing. This is the construction, reconstruction or acquisition of an apartment building, an apartment in an apartment or a blocked house, the purchase of a share in the right of ownership. It is also possible to return or repay loans and loans of organizations taken for these purposes, including debt transfer, debt acceptance or refinancing, and pay interest on them.

Education. The funds can be used for paid receipt by a family member of general higher, special higher or secondary special education in state educational institutions of Belarus, including consumer cooperative institutions and the Federation of Trade Unions of Belarus.

Medicine. Capital can be used for paid medical services in public health organizations. This includes complex and high-tech interventions in cardiac surgery, neurosurgery, oncology, orthopedics, the provision of medical devices and medicines if they are not provided free of charge, as well as dental services: dental prosthetics, dental implantation with subsequent prosthetics and orthodontic bite correction.

Rehabilitation. The funds can be spent on goods for social rehabilitation and integration of persons with disabilities into society if a family member or the applicant is disabled, including a disabled child under 18 years of age with visual or musculoskeletal disabilities.

There is no direct requirement to contact a notary for the expenditure of funds. The decision is made by the local executive and administrative body - the district executive committee or the administration of the district in the city. However, the notary is connected when making transactions. For example, when buying housing with the use of capital, a contract of sale is drawn up, a notarized preliminary contract may be necessary, as well as an agreement on determining the shares of participants in the share ownership. Family capital funds are used on the basis of the decision of the district (city) executive committee or district administration in the city on their management (including early). A prerequisite is the preliminary opening by citizens of the deposit (deposit) "Family capital" in JSC "ASB Belarusbank". You can apply to the Executive Committee at the destination of capital or at the place of residence or stay.

In the case of disposition after the age of 18, the right is granted to any family member with the consent of the rest. If there is no consent, the capital is distributed equally among all family members. The shares of minors are administered by their legal representatives. To make a decision in this case, notarized consent of adult family members and legal representatives of minors is required.

The right to early disposition arises from a citizen to whom the family capital is assigned, subject to the conditions of the legislation. If this citizen is no longer counted in the family at the date of filing the application or cannot apply, for example, declared wanted, recognized as incapacitated, limited incapacitated or unconscious, the right passes to another family member. Disputes, divorce and division of property If the parents are divorced or live separately and one of them is against the early use of capital, the notary cannot force to sign consent or resolve the dispute on the merits.

In the absence of agreement between family members, the application is submitted to the Executive Committee by any family member, and the capital is distributed among all in equal shares, taking into account the previously allocated shares. If one of the parents unreasonably blocks the use of funds, for example, to treat or improve the living conditions of children, the dispute is resolved in court. When a marriage is dissolved, the question of who will dispose of the funds and in what composition of the family it is taken into account is decided by the local executive and administrative body. An important nuance: family capital does not apply to joint ownership of spouses. Therefore, neither a marriage contract nor an agreement on the division of property can change its legal regime. When funds are allocated for housing, they become equal shares of the funds of all family members who improve housing conditions and are included in the family at the date of application. These shareholders are specified in the decision on the disposal of capital. The exception is residential premises acquired by the spouses in marriage with the attraction of a loan or loan, which were then repaid by means of family capital. Such housing refers to joint ownership and may be the subject of a marriage contract or property division agreement.

Unlike residential premises purchased or built with the use of family capital, in this case, family members other than spouses have no right to share in the property. Most often, refusals are associated with an attempt to sell property acquired using family capital.

Within five years from the date of state registration of the right of ownership of housing purchased or built with the use of these funds, purchase and sale, exchange, donation and other transactions on alienation are not allowed. Exceptions are relocation, divorce, death of the owner, improvement of living conditions, but only with the permission of the local executive committee at the location of the premises.

If there are children under 14 years of age among the owners, a decision of the guardianship and guardianship authority is required. It can be given only after determining the shares of all participants.

The notary will refuse if the rights of minors are infringed, there are no necessary documents, there is no voluntary consent when it is required, and also if it becomes obvious that the person is acting under pressure, threats or does not understand the meaning of his actions. The refusal will follow in the case when the transaction does not meet the requirements of the law.

Indicative case: the family prematurely used the family capital to buy an apartment, issuing it for a spouse. After five years, the couple decided to conclude a marriage contract, according to which the apartment after the divorce was to pass them in equal shares. The fact that the purchase used family capital, they decided to keep silent. The notary sent requests to the bank, established the movement of funds and refused to certify the contract. The couple had to deal with the determination of the shares of all participants, including minor children. Lidia Grekova advises to keep the entire package of documents related to family capital: the decision on appointment and disposal, the statement on the deposit account "Family capital" of Belarusbank, contracts for the sale of housing, the provision of medical or educational services, payment documents, checks and receipts confirming the targeted transfer of funds.

- The main rule is not to forget that these funds have a strictly targeted purpose, otherwise the transaction may be invalidated, and the money may be demanded to return, the expert notes.

For a young family that has just issued family capital, the main advice is simple: do not try to circumvent the procedures established by law. This will help to avoid disputes, refusals and loss of the right to state support.