Can a Minor own or lease real estate?

Full question:

Can a Minor own or lease real estate?

  • Category: Minors
  • Subcategory: Age of Majority
  • Date:
  • State: Alabama

Answer:

Minors cannot generally own real estate in their name. The age of who is a Minor varies by State. For example, it is 18 or older in Florida. For leases, the lease is gnerally voidable (not void or invalid) by a minor who signs it but could be binding on the landlord. Real Estate can be conveyed to an adult or trust for the benefit of a Minor. If a Minor acquires an interest in real esate by Inheritance, Court authority is required for them to sell or lease the property which is usually handed in a guardianship proceeding for the child.

If a Minor is emancipated by Court order or statute (laws), then the rule does not apply and they can own and lease real estate. Some laws provide that if a Minor is married, for example, that they will be considered emancipated.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In the U.S., minors generally cannot own property in their name. Ownership laws vary by state, but typically, a minor must have an adult or a trust manage the property on their behalf. Some states allow minors to inherit property, but they often need court approval to sell or lease it. Emancipated minors may have more rights regarding property ownership.