How can a minor transfer property in California? Who must sign?
Full Question:
Answer:
Generally, a minor cannot execute a deed that transfers title effectively. In California, a minor is anyone under the age of 18 who has not be formally emancipated. A deed executed by a minor would constitute a title defect until the child reached legal age and ratified the deed. On the other hand a deed executed by a minor could be voided when the child reached legal age.
If a minor owns an interest in real estate, and it is the child's best interest to convey their interest, a court appointed guardian must represent the minor in the sale. The guardian must obtain a license to sell real estate from the court. Generally, the court will also appoint a guardian ad litem to review the case and report back to the court whether the sale is in the child's best interest.