Can a 17 year old be a party to a lease agreement in Missouri ?
Full Question:
I am 17 years old and my husband is 29, and we are planning to lease out a building in Missouri. Can I join with him in executing the lease agreement despite being under 18 years of age?
12/23/2016 |
Category: Minors |
State: Missouri |
#28688
Answer:
“The legal age at which a person becomes competent to contract in Missouri is eighteen years and any rule or provision of the common law to the contrary is hereby abrogated.”
However, under § 442.040 R.S.Mo. if the minor is married to an adult or an individual who has attained the age of majority, then the minor may convey, encumber or lease real estate in which the spouse has an interest or a claim. Such a minor will be considered to be an adult to join with the spouse to execute any legal instruments that affect the spouse’s real estate.
The section 442.040 R.S.Mo. reads:
“When any person under eighteen years of age is married to an adult who has or claims any interest in real estate and wishes to convey, encumber, lease or otherwise dispose or affect the same, the minor shall be deemed of age for the purpose of joining with his adult spouse in the execution of any instrument affecting the spouse's real estate.”
