Legal Question in Real Estate Law in Tennessee

minors owning property

Can a minor own property in the state of Tn.?Could I put a clause in deed that says they cannot sell it until both parents are gone? Parents divorced. Mom owns,child and dad living in home.

Thank You


Asked on 1/05/06, 11:10 am

1 Answer from Attorneys

Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: minors owning property

Yes, minors in Tennessee can inherit and own property. If you attach a restrictive covenant that the property cannot be sold until both parents are gone, that may not be held up in court. The courts in general do not like restrictions that prevent title from being passed to a new buyer. I recommend you pay a lawyer to research this question, because you will have to have a contingent plan for what happens if the owner tries to sell the property before his or her parents have both died. Would the property revert to someone else?

http://michaelguth.com/prose.htm

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Answered on 1/05/06, 11:20 am


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