Stockton, CA asked in Real Estate Law for California

Q: Can real property ( a home) be transferred to a minor in California? If yes what the process?

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4 Lawyer Answers
Glen D. Duvel
Glen D. Duvel
Answered
  • Santa Ana, CA
  • Licensed in California

A: No. A minor can not hold title to real property, just as a minor can not lawfully sign a contract or be bound to a contract if he signed it. Such a contract would be voidable. Once the minor attains the age of majority (18), the property can be transferred to him via a Grant Deed or Quitclaim Deed.

Mr. David Thomas Pisarra
Mr. David Thomas Pisarra
Answered
  • Santa Monica, CA
  • Licensed in California

A: If the minor is Emancipated, that is freed from the control of their parents, then yes they can. Minors can be emancipated as young as 12, the parents can be held responsible for the legal fees and then they can control their own affairs, which would include owning property.

Ute Ferdig
Ute Ferdig
Answered
  • Newcastle, CA
  • Licensed in California

A: Home ownership comes with obligations and a minor cannot agree to take on those responsibilities. I would explore putting the property in a trust and make the minor the sole beneficiary. Speak to an experienced estate planning attorney about this as the attorney can evaluate all aspects of the situation.

Zaher Fallahi
Zaher Fallahi
Answered
  • Los Angeles, CA
  • Licensed in California

A: No. The same way that a minor cannot enter into a binding contract (only voidable by him/her). Any contact entered into during infancy may be voided by the child within a reasonable time of attaining the age of majority.

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