Legal Question in Real Estate Law in California

we wish to purchase our first home but we want it in our disabled two year old daughters' name. Is this possible?


Asked on 5/22/10, 11:21 am

3 Answers from Attorneys

Ken Koenen, LLM Law Office of Ken Koenen

The short answer is "No." A 2 year old cannot own property. It can be held in a trust for the benefit of the child, with an adult trustee in charge of the property. Everything depends upon the reason for placing the ownership with a child. You should seek legal advice to reach the goals you are trying to reach.

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Answered on 5/25/10, 11:06 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree with Mr. Koenen about seeking legal advice regarding the reasons, or what you are attempting to accomplish. I disagree as to whether children can own real property. They can. See, for example, Turner v. Turner (1916) 173 Cal. 782 at p. 785. Usually, child ownership of real property occurs via inheritance or gift. I doubt that a child could purchase real property. A child cannot sell or borrow against real property without a court order, so placing property in a child's ownership is not a good idea. Further, a transfer of title to a child (or any relative) for an improper purpose may be a fraud on creditors or potential creditors of the parents.

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Answered on 5/25/10, 12:00 pm
James Bame San Diego Law Office

You may put the property in a non-revocable minor's trust if you do not want ownership and to protect it from creditors to an extent. Contact me directly.

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Answered on 5/26/10, 1:36 pm


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