Legal Question in Family Law in Texas

can a minor have a house in their name

along with a parent


Asked on 3/26/12, 9:49 am

2 Answers from Attorneys

Mark Dunn Mark D. Dunn

Yes.

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Answered on 3/26/12, 9:45 pm
Thomas Daley KoonsFuller PC

Yes.

A minor is capable of holding title to property in Texas. Although no statute specifically addresses the abilities of those younger than eighteen to own property, there are no restrictions under Texas law on the ability of minors under the age of eighteen to own property. Moreover, case law in Texas implies that a minor has the ability to own or acquire property without such restrictions because there are cases involving a minor's ownership interest in property which do not question the right of the minor to own the property. See Johnson v. Morton, 67 S.W. 790 (Tex. Civ. App. 1902) (minors granted property in a deed); Milner v. McDaniel, 36 S.W. 2d 992, 993 (Tex. 1931) (minor can take title to the homestead property unburdened by the claims of creditors of the decedent's estate except those specified by the Texas Constitution and Statute); Snyder v. Allstate Insurance Co., 485 S.W. 2d. 769 (Tex. 1972) (title of car in the name of the minor and the minor considered owner of car).

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Answered on 3/25/13, 11:12 am


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