Cibolo, TX asked in Civil Litigation for Texas

Q: I am a minor I graduate when I’m 18 I plan to move out can I take everything I paid for from my parents house?

If they fight it and say I can’t take anything since it’s there house can I still take it if they didn’t pay for it and it’s thousands of dollars worth of stuff?

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1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: Although no statute specifically addresses the ability of those younger than eighteen to own property, there appears to be no restrictions under Texas law on the ability of minors under the age of eighteen to own property. Moreover, case law in Texas implies that a minor has the ability to own or acquire property without such restrictions because there are cases involving a minor's ownership interest in property which do not question the right of the minor to own the property. See Johnson v. Morton, 67 S.W. 790 (Tex. Civ. App. 1902) (minors granted property in a deed); Milner v. McDaniel, 36 S.W. 2d 992, 993 (Tex. 1931) (minor can take title to the homestead property unburdened by the claims of creditors of the decedent's estate except those specified by the Texas Constitution and Statute); Snyder v. Allstate Insurance Co., 485 S.W. 2d. 769 (Tex. 1972) (title of car in the name of the minor and the minor considered owner of car). There appears to be no restriction as to the age of the minor or the types of property that can be held by a minor; therefore, it appears likely that a minor can own property in Texas.

Items attached or appended to real property become part of the real property. Items like light fixtures, plumbing fixtures, etc. therefore become part of a house and are, therefore, owned by the person who owns the house regardless of who purchased them. This issue arises occasionally in the landlord-tenant area when a tenant installs a new light or plumbing fixture in rented premises.

In my opinion, you can remove any items of personal property that you paid for which can be readily moved from your parent's home, but you cannot remove any items that are permanently (or semi-permanently) attached to the structure of the house, like light fixtures etc. Computers and electronics that are only attached by plugging them into the wall would not be considered permanently or semi-permanently attached to the structure of the home. Sound speakers built-in to the wall or ceiling would probably be considered semi-permanently attached, and should not be removed by you without your parents permission. In the landlord-tenant area, shelves attached by brackets to a wall are not considered fixtures and can be removed by a tenant, whereas shelves built-in to a wall are fixtures.

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