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Can a minor in California enter a partnership with an adult?

Can a minor in California enter a partnership with an adult?

Q: Who can be a partner in the partnership?

Generally, any individual or entity can be a partner in a partnership, provided they have the legal capacity to enter into contracts. This typically excludes minors, as they lack the capacity to bind themselves legally. However, a minor can still be involved but may void the agreement.

Q: Can a minor be a partner in a business?

Yes, a minor can be a partner in a business in California, but they have the option to void the partnership agreement due to their lack of contractual capacity. This means they can withdraw from the partnership at any time until they reach adulthood.

Q: What is the status of minors who enter into a partnership?

Minors who enter into a partnership in California can void the agreement because they lack the legal capacity to contract. This means that while they can be part of the partnership, they are not bound by its terms and can choose to exit the partnership at any time.

Q: Who is eligible for domestic partnership in California?

In California, domestic partnerships are available to couples who meet certain criteria, including being of the same sex or being opposite-sex couples where at least one partner is 62 years or older. Both partners must also share a common residence and be in a committed relationship.

Full question:

Can a minor in California be in a partnership with a non-minor?

Category: Partnerships
Date: 04/07/2025
State: California

Answer:

Parties to a contract must have contractual capacity for the agreement to be binding. Contractual capacity means understanding that a contract is being made and its general nature. If a party lacks this capacity, the contract is either void or voidable. Generally, individuals under the age of 18 are considered to lack contractual capacity, making contracts they enter into voidable. This means a minor can choose to void the contract, but it is not automatically void. Upon reaching the age of majority, a minor may affirm the contract, making it binding.

A partnership agreement is central to a partnership and must be enforced as written, with few exceptions. If a minor is involved in such an agreement, they can void it due to their lack of capacity.

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

Can a minor be a partner in a partnership?

In California, a minor can technically be a partner in a partnership. However, the minor has the right to void the partnership agreement due to their lack of contractual capacity. This means that while they can participate, they may choose to exit the agreement at any time until they reach the age of majority.

Who can be a partner in the partnership?

Can a minor be a partner in a business?

What is the status of minors who enter into a partnership?

Who is eligible for domestic partnership in California?

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