Legal Question in Real Estate Law in California
Minors abitlity to purchase and sell property
As a minor, is it possible to legally enter into a realestate contract for purchase and sale, and as a minor what do I need to purchase real property? Is there anything I need to watch out for?
1 Answer from Attorneys
Re: Minors abitlity to purchase and sell property
No, as a minor, unless "emancipated," you cannot be a party to a contract affecting an interest in real property.
Family Code section 6701 says: "A minor cannot do any of the following: ..... (b) Make a contract relating to real property or any interest therein."
Note however that a minor can own real property (by inheritance).
Emancipation is covered by Family Code sections 7002, 7050 and 7122.
Depending on the situation, you may want to consider obtaining emancipated minor status, or having the property acquired for your benefit (and future ownership) by someone acting on your behalf as custodian or trustee. If it is your money and you want to avoid future problems, you have to be very careful in selecting both the arrangement and the adult to be in charge until you attain the age of 18 years. You should consult a completely trustworthy adult or obtain you own legal representation.
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