Legal Question in Real Estate Law in California

Legally minors cannot own any property. Technically your "own" money isn't even yours, since money is property. Again, technically, your parents own all your property, but they own it in trust for you. That means that if you would own it if you were 18, they own it for your use and benefit while you are under 18. Now of course as your parents they have a lot of say as to what is beneficial for you, including taking things away as part of child discipline, and limiting use of things to appropriate times; so don't count on their duty to own it for your benefit being the same as having to let you do whatever you want with the property.

The preceding answer is largely wrong. Minors can own property, but there are some limitations including limitations on its management, use and resale.

To start, there is a section of the California Family Code that reads, in its entirety: "The parent, as such, has no control over the property of the child." Family Code section 7502.

The California Supreme Court has declared "...... a minor child's property is his own and not that of his parents." This was in a case named Emery versus Emery that was decided in 1955 and published as 45 Cal.2d 421, meaning its first page is on page 421 of volume 45 of the second series of official California Supreme Court reports. The particular quoted language appears on page 432 of that volume.

HOWEVER, the law is also clear that a child's services and earnings belong to the parents and can be claimed by them. Family Code sections 7500 and 7503. The justification or reason for this is that it compensates for the obligation of the parents to support and shelter the child. If the parents elect not to "intercept" the child's earnings, however, and allow the child to receive, pocket, bank and/or spend the earnings, the parents have probably forfeited the right to claim those earnings and cannot thereafter legally insist that they be forked over.

Parents also have the right, and the duty, within reason, to control and discipline their children. That could mean, in your situation, that you own the computer, but ownership does not give you the right to use the computer contrary to your parents' wishes.

Contracts entered into by minors are frequently, but not always, unenforceable.

Property of children is often managed for them by the parents or another responsible adult under the so-called "Uniform Transfers to Minors Act" which allows, for example, grandparents to make substantial gifts of money or stocks and bonds to their grandkids, with the provision that the parents (or someone else) will manage the property until the child reaches adulthood (age 18) or is emancipated. Nevertheless, the property given, although not touchable by the child, is legally the child's property, and woe unto the parent or other custodian who mismanages or snitches it for his or her own use!

Even a one-day-old baby is legally able to inherit millions of dollars, and that becomes the baby's property, although some adult will probably have or obtain the right and the duty to manage it for the infant's benefit. A baby that inherited a shopping center could not, for example, enter into a contract to re-sell it, absent a court order, until age 18.