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One family — one mortgage: family mortgage rules will change from February 1

Starting from February 1, 2026, the spouses will be considered a single borrower on a family mortgage.
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Photo: IZVESTIA/Sergey Lantyukhov
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Starting from February 1, 2026, the "one family — one preferential mortgage" principle will begin to operate in the family mortgage program: spouses will be considered as one borrower, even if previously the loan was issued only to the husband or wife. The new rules should limit the reuse of benefits by the same couple and expand access to the program for other families. What exactly is changing and who will be affected by the restrictions is in the Izvestia article.

Why are new family mortgage rules being introduced starting from February 1, 2026

Family mortgage is a preferential housing loan program for families with children with a rate of up to 6% per annum. Under the terms of the program, the loan can be used to purchase an apartment or a house from a developer under a deed of sale or a purchase agreement, to purchase housing from a closed-end mutual investment fund or a Territorial Development Fund, to purchase an apartment from the Moscow Renovation Fund, as well as to build a house with the involvement of a contractor and using an escrow account with the possibility of including a land plot in the mortgage the plot. Secondary housing is allowed only in cases limited by law.

Starting from February 1, 2026, the main focus in the mechanics of the program is shifting to eliminating situations when the same family applies for several preferential loans. According to State Duma deputy Alexander Tolmachev, the reason for the changes was the decision of the Ministry of Finance, adopted in 2025.

— The measure is aimed at eliminating the repeated receipt of benefits by the same family and redistributing budget resources in favor of more families with children. Starting from February 1, 2026, the spouses will be considered as a single borrower, regardless of who the loan is issued to," he explained.

Irina Gritsenko, a lawyer at the Legal Policy Bar Association, emphasizes that the logic of innovation is based on an approach to the family as a single borrowed entity.

— The "one family — one preferential mortgage" rule is based on the understanding of the family as a single loan entity. In the legal sense, a family is a spouse and their children, while by virtue of articles 34 and 45 of the Family Code of the Russian Federation, the property and obligations of the spouses are common. Accordingly, it is the family as a single legal entity that has the right to receive a preferential mortgage," the expert explained.

The explanations provided also note that when concluding a mortgage agreement, the spouses are considered as co-borrowers. An exception is provided if one of the spouses is a foreign citizen; single—parent families where the mortgage is issued by one parent are considered separately.

How the new principle will be applied to previously issued mortgages

Families who applied for a family mortgage before February 1, 2026, may also face taking into account the benefits they have already received when applying again. As Irina Gritsenko notes, a previously obtained preferential loan can influence the bank's decision.

— The fact that the family participated in the program before February 1, 2026, may become the basis for refusing to re-grant a preferential mortgage. At the same time, the final terms will depend on the specific wording in the bylaws, as well as on whether the applicant or his spouse acted as a borrower or co—borrower in the previous loan," she said.

Alexander Tolmachev adds that the document of the Ministry of Finance contains transitional provisions, so it is important for borrowers to clarify their situation individually through a bank or specialized specialists.

Who can apply for a family mortgage

Russian citizens who have minor children who are citizens of the Russian Federation will be able to participate in the program. The benefit is available if the family has a child under the age of six or a child with a disability. For families with two minor children, but no child under the age of six and no disabled child, territorial restrictions apply: you can apply for a family mortgage only in 35 regions or in small towns with a population of up to 50,000 people, with the exception of Moscow, St. Petersburg, Moscow and Leningrad regions. The age of the children is determined on the date of the loan agreement, while the parents of the adopted children participate on a general basis.

Basic terms of lending

The basic program parameters are saved: the rate is up to 6% per annum. The initial payment is at least 20% of the cost of housing, however, as Alexander Tolmachev notes, depending on the terms of the transaction and the type of housing, it may be higher.

— The initial payment can range from 20 to 30%, depending on the circumstances of the purchase. For example, ready—made housing is being bought or under construction, what is the mortgage limit and other factors," the expert said.

The maximum loan amount at a preferential rate is 12 million rubles for Moscow, St. Petersburg, Moscow and Leningrad regions, and 6 million rubles for other regions.

What to do if the limit amount is not enough

If a family needs an amount above the established benefit limit, in practice, a combined scheme is used.

"A combined family mortgage is a lending model in which one part of the amount is issued at a preferential interest rate within the limit set by the state, and the remaining amount is based on market conditions," the lawyer explained.

With this approach, the total loan amount is limited to 15 million rubles for all regions of Russia and 30 million rubles for Moscow, the Moscow Region, St. Petersburg and the Leningrad Region. At the same time, legally it remains a single contract.

— From the point of view of law, the borrower enters into one loan agreement, but it sets out different interest rates for individual parts of the loan. This means that obligations to repay funds and pay interest are formed on different financial terms within the framework of a single legal relationship," said Hrytsenko.

The expert emphasized that the key risks of the combined scheme are related specifically to the market part.

— The key risks for the borrower are related to the fact that the market part of the loan directly depends on the level of the key rate of the Bank of Russia and the general financial market conditions. As a result, the total overpayment on such a loan may be significantly higher than when using an exclusively preferential mortgage. In addition, combined loans often provide for more complex conditions for early repayment and refinancing," the expert said.

How will banks check whether a family had a preferential mortgage

Verification of the family's participation in the program will be based on data from credit bureaus, internal banking databases, and information about previously granted preferential loans under government programs.

— Errors are possible, for example, if the status of the co-borrower is incorrectly reflected or if the data is not fully updated. In such cases, the borrower has the right to apply for a credit history correction," Gritsenko said.

What documents are usually needed and what to do in case of refusal

There is no single federal list of documents, which is the same for all banks — lenders form the package independently. Alexander Tolmachev noted that an approximate set of documents usually includes passports of potential borrowers, birth certificates of children, SNILS of family members, documents on marriage or its dissolution, as well as proof of income.

Irina Hrytsenko reminded that the bank's refusal is not a regulatory act and, if necessary, can be appealed.

— The borrower has the right to request written reasons for refusal, send a claim to the bank, apply to the Bank of Russia, and if there are violations, defend their rights in court, — the lawyer explained.

Переведено сервисом «Яндекс Переводчик»

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