Since 2015, Belarus has had a family capital program, and since 2020 it has been allowed to be used early. Over these years, thousands of families have already used the funds to improve housing conditions, pay for education, and medical services. At the same time, notaries record typical mistakes in document processing that lead to transaction refusals and legal disputes. On how to avoid risks, correspondent of 'R' was told by notary Lydia Grekova of the Gomel Notarial District.

The family capital program is one of the main measures of support for large families. However, whereas previously funds could be disposed of strictly only after the youngest child turned 18, now legislation allows early use. As Lydia Grekova emphasizes, this is not about the emergence of a new right, but about a new procedure for implementing an existing one — with additional legal guarantees and a more flexible mechanism.

The amount of family capital assigned for 2026 is 35,505 rubles — 6.7 percent more than the previous year. The program has been extended through 2029, and the list of purposes for early use has been expanded.

— The 2025 changes have made this right effectively 'alive': a family can use the capital at the moment of real need, whether it be buying housing, treatment, or education, — notes Lydia Grekova.

What can be spent early

Today, family capital funds can be directed toward four main areas, regardless of the time elapsed since the appointment.

• Housing. This includes construction, reconstruction, or purchase of a single-family house, an apartment in a multi-apartment or terraced house, or acquisition

If we are talking about disposal after 18 years, the right is given to any family member with the consent of the others. If there is no consent, the capital is distributed among all family members in equal shares. The shares of minors are managed 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 disposal arises for a citizen who has been assigned family capital, provided the conditions of the legislation are met. If this citizen is no longer counted as part of the family on the date of filing the application or cannot apply, for example, is wanted, declared incapacitated, limitedly capable, or is in an unconscious state, the right passes to another family member.

Disputes, divorce and division of property

If parents are divorced or living separately and one of them opposes early use of the capital, the notary cannot force them to sign consent or resolve the dispute on its merits.

— The notary only certifies the transaction and checks its legality, but does not replace the court and guardianship authorities, — explains Lydia Grekova.

In the absence of consent among 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 previously allocated shares. If one of the parents unreasonably blocks the use of funds, for example, for treatment or improvement of the children's housing conditions, the dispute is resolved in court. Upon divorce, the question of who will manage the funds and in what family composition they are taken into account is decided by the local executive and administrative body.

Important nuance: family capital is not considered joint property of spouses. Therefore, neither a prenuptial agreement nor a property division agreement can change its legal regime. When funds are directed toward housing, they become equal shares of the means of all family members improving housing conditions and counted in the family composition on the date of filing the application. These participants in shared ownership are indicated in the decision on the disposal of the capital.

Exception — residential premises acquired by spouses during marriage with the involvement of a loan or credit, which were then repaid with funds