Legal Question in Real Estate Law in California
Re: My question of a minor not being allowed to owning property. I was told and given written documentation that a notary couldn't notarize a minor on a Grant Deed, Deed of Trust or any other contractrual agreement: therefore they can not execute loan or real estate documents. If my girls are on the Grant Deed, how do I get them off if they cannot enter into a contractual agreement, and the notary will not notorize their names?
1 Answer from Attorneys
In the case of minors on title to real property, it's much easier to give than to take away.
It is a mistake to think that minors are no allowed to own property, especially real property. A minor is perfectly capable, for instance, of receiving real property as a gift, i.e., by inheritance. Parents have certain custodial and managerial rights, especially to a minor's earnings, but minors are not without rights as well. See, e.g., Family Code sections 7500, 7502 and 7507
However, minors selling real property is another matter. Minors cannot make a contract relating to real property or any interest therein. Family Code section 6701(b).
There are the following possibilities: (1) wait for them to attain age 18. (2) via a petition for emancipation, the child may be granted adult status by a court. (3) although I could not find the applicable statute (probably in the Family Code), I'm sure there is an often-used procedure for petitioning a court for an order authorizing the sale of a minor's interest in real property. The court would want all the details including why the proposed transaction was in the minor's best interest and what would be done to protect the minor's interest in the proceeds of sale, perhaps requiring that the minor's share of the proceeds be put in a bank account in the minor's name, not to be touched until the minor reaches maturity, or 21.