Legal Question in Real Estate Law in North Carolina

Ownership of Real Property

Can a minor own real property in his own name?


Asked on 6/11/08, 1:51 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Ownership of Real Property

States generally recognize the right of a minor to own real property, but such ownership or ownership interest needs to be done indirectly, either through a properly constucted trust in behalf of the minor, a guardianship, or possibly an account set up under the UTMA(Uniform Transfer to Minors Act).

The minor should not be directly on the title to the real property since in virtually all U.S. jurisdictions, minors may disaffirm any contracts which they may make having to do with land use or its conveyance, and an adult party to such a contract might well find that such a contract is voidable and not enforceable(and with all the adverse consequences that may accompany such a result).

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Answered on 6/12/08, 11:26 am


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