Can a Minor own or lease real estate?

01/05/2007 - Category:Minors - Age of Majority - State: AL #173

Full Question:

Can a Minor own or lease real estate?

Answer:

Minors cannot generally own real estate in their name. The age of who is a Minor varies by State. For example, it is 18 or older in Florida. For leases, the lease is gnerally voidable (not void or invalid) by a minor who signs it but could be binding on the landlord. Real Estate can be conveyed to an adult or trust for the benefit of a Minor. If a Minor acquires an interest in real esate by Inheritance, Court authority is required for them to sell or lease the property which is usually handed in a guardianship proceeding for the child.

If a Minor is emancipated by Court order or statute (laws), then the rule does not apply and they can own and lease real estate. Some laws provide that if a Minor is married, for example, that they will be considered emancipated.



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01/05/2007 - Category: Age of Majority - State: AL #173

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