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Can a minor buy a house in California ?

How old do you need to be to buy a house in California? If a minor wants to buy a house does an adult need to be on the deed as well?

Asked by Sabrina | Los Angeles, CA| 01-31-2024| 2,735 views|Buying|Updated 12 months ago

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Jonathan ClaudioReal Estate Agent1 month ago

In California, you generally need to be 18 years old to independently buy a house and sign a binding real estate purchase contract. A minor can legally own real estate, such as through a gift or inheritance, but California Family Code § 6701 prevents minors from making contracts relating to real property. An adult does not necessarily have to be added to the deed, but a parent, guardian, trustee, or other legally authorized adult may need to handle the transaction or manage the property. In practice, buying a home before 18 can be complicated, especially if financing is involved, so it's worth consulting a California real estate attorney about the ownership structure.

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Diya SarinReal Estate Agent1 month ago

Hello Sabrina! In California, 18 is the general age of majority. A minor under 18 generally cannot enter into a contract to purchase real property, even though a minor can technically hold an ownership interest in real estate. For a minor to acquire property, it is typically handled through a trust, custodianship, or court-appointed guardian, rather than simply putting the minor on a purchase contract. An emancipated minor has broader legal capacity, but the situation still needs careful legal review. Bottom line: An adult doesn't necessarily have to be a co-owner on the deed, but an adult or legal fiduciary will generally need to be involved in structuring the transaction. If you’re considering buying property for or with a minor, I can help you understand the real estate side and connect you with the right professionals to structure it properly. Diya Sarin | DRE 02095684 📞 818.799.7230 📧 [email protected] 🌐 diyasellsla.com IG: diyasellsla

Ripsime Ter-GalstyanReal Estate Agent3 months ago
Rising Star27 Answers

Generally, no a minor (someone under 18) cannot legally buy a house in California because purchasing a home requires signing a real estate purchase contract and usually mortgage documents, and California law prohibits minors from entering into contracts related to real property. There are a few exceptions and special situations: • Emancipated minors may be able to purchase property because they have many of the legal rights of an adult, including the ability to enter contracts. • A minor can own real estate if they inherit it or receive it as a gift, but an adult guardian, trustee, or custodian generally manages the property until the minor reaches’ adulthood. • In practice, lenders will not issue a traditional mortgage to an unemancipated minor because the loan agreement would not be enforceable in the same way as an adult contract. For most home purchases in California, the buyer needs to be 18 years old or older to sign the purchase agreement, loan documents, and closing paperwork. Ripsime Ter-Galstyan DRE 02374450

Zoltan PeresztegiReal Estate Agent4 months ago

Great question, Sabrina, and since you are here in Los Angeles, this is right in my backyard, so happy to help. Short answer: to sign a purchase contract yourself, you need to be 18. A minor can OWN California real estate (for example, through inheritance or a gift), but a minor cannot go under contract to buy it on their own. Under California Family Code section 6701, a minor cannot make a contract relating to real property. That is the real reason sellers, escrow, and lenders will not move forward with a minor signing. It is not personal, the contract simply would not be enforceable. So in practice, a minor does not have to be on the deed alone, but an adult or a legal structure almost always has to be involved. The three clean ways I see it done: - An adult buys and holds title. A parent or guardian signs the contract and loan and holds title, with the child living there or benefiting. Simplest path. - A trust. Title is held in a trust with an adult trustee managing it for the minor as beneficiary until they come of age. Common for families planning ahead or moving wealth to the next generation. - A CUTMA custodial arrangement. Under the California Uniform Transfers to Minors Act, an adult custodian holds and manages the property for the minor until they reach the age set in the transfer (often 18, and up to 25). On financing: no lender will write a mortgage to a minor, so if there is a loan, it goes in the adult's name and qualifies on the adult's income and credit. An all-cash purchase into a trust or custodial account avoids that piece. One California-specific thing most people miss: if the plan is for a parent to buy now and transfer to the child later, look before you leap on property taxes. Under Prop 19, a transfer to a child generally triggers reassessment to current market value unless the child makes it their primary residence and files for the limited parent-child exclusion. That reassessment can be a big number, so it is worth a sit-down with a CPA or estate attorney to pick the structure before you buy, not after. Quick disclaimer: I am a California Realtor, not an attorney or CPA, so treat this as a roadmap rather than legal advice for your exact situation, and have an estate attorney bless the final setup. That said, I am right here in the L.A. area and would be glad to walk through the options in plain English and connect you with a good real estate attorney if you want to structure it properly. Just reply here or reach out anytime. Zoltan

Pedro VargasReal Estate Agent4 months ago

In California, a minor generally cannot independently enter into a real estate contract, which means they can’t legally buy a home on their own. If a minor is involved in purchasing property, it usually requires an adult, such as a parent or legal guardian, to sign on their behalf. In most cases, that adult would also need to be part of the ownership structure (for example, on the deed or holding the property in trust until the minor becomes an adult). Another common option is purchasing the property through a trust, where the minor is the beneficiary and an adult trustee manages the transaction and property until they reach legal age. That said, the exact structure can vary depending on the situation and legal guidance is often needed. It’s always a good idea to speak with a real estate attorney in California to understand the best way to structure ownership in a case like this.

Juan PicosReal Estate Agent4 months ago

In California, a minor (under 18) can’t legally enter into a real estate contract on their own. So: • A minor cannot directly buy or sign for a house • An adult (parent/guardian) would need to be on title and involved in the transaction • Even then, lenders won’t typically approve a mortgage to a minor In practice, the purchase would have to be structured through an adult or trust arrangement until the buyer reaches legal age.

Stella AklianReal Estate Agent4 months ago
Semi-Pro30 Answers

Yes, a minor can own real estate in California, but they generally cannot independently enter into a binding purchase contract. Most transactions involving minors are structured through a parent, guardian, or trust to protect everyone involved and ensure the purchase is legally enforceable.

Loodmy JacquesReal Estate Agent6 months ago

In California, you generally need to be 18 to buy a home. A minor can technically be on title, but they usually can’t enter into a binding contract. That means the purchase agreement can be challenged, which makes sellers and lenders very hesitant. In practice, a minor would need an adult involved, often a parent, guardian, or a trust, to handle the transaction and hold title in a legally enforceable way. Simple way to think about it. Under 18, it’s possible on paper, but not practical without an adult structure in place.

Keith Jean PierreReal Estate Agent6 months ago

Only option that I am aware of to do this, would be with the assistance of an attorney and through a trust. Keith Jean-Pierre Managing Principal The Dapper Agents Operations In: NY, NJ, FL & CA

Jack MaReal Estate Agent6 months ago
Semi-Pro92 Answers

This is one of those situations where the legal side really matters more than the real estate side. In California, a minor technically can’t enter into a binding real estate contract the same way an adult can. So even if a minor has the funds, most sellers and agents aren’t going to move forward without an adult involved because the contract could be challenged. In the real world, what I see is that a parent or legal guardian is typically part of the transaction, either on the contract, on title, or through some form of legal structure like a trust. That gives everyone confidence the deal is enforceable and protects both sides. I’ve never seen a straightforward transaction where a minor is buying a property completely on their own without that kind of setup. It’s just not how these deals are typically done. If this is something you’re seriously considering, I’d strongly recommend talking with a real estate attorney to structure it properly. There are ways to do it, but it needs to be set up correctly from the start. From a practical standpoint, for me, it’s less about “can it be done” and more about “how do you do it safely and in a way that the transaction actually closes.”

Kelly MaruggReal Estate Agent6 months ago
Semi-Pro33 Answers

An attorney can assist in this. However, we often have parents using a trust to secure generational wealth for their minor children. Your realtor partner can refer you to a trusted attorney.

Bob ArthurReal Estate Agent7 months ago
Rising Star16 Answers

Hi Sabrina, Great question—and one that comes up more often than you might think. In California, you generally need to be 18 years old to legally enter into a binding contract, which includes purchasing real estate. That’s the key issue—not ownership itself, but the ability to sign enforceable contracts like a purchase agreement or loan documents. A minor (someone under 18) can technically hold title to property, but there are some important limitations: • Contracts are not fully enforceable: A minor can enter into a contract, but they also have the legal right to void it, which makes sellers very hesitant to accept an offer from a minor. • Financing is extremely difficult: Lenders will not issue a mortgage to a minor because they can’t be held to the loan terms. • Escrow/title complications: Most escrow and title companies will require a legal structure to protect all parties involved. Because of this, if a minor is involved in purchasing property, it’s typically done with an adult in one of the following ways: • Parent or guardian on title (and usually on the loan) • Holding title in a trust or custodial arrangement (like a Uniform Transfers to Minors Act account) • Adult purchases the property and later transfers ownership So to answer your question directly: 👉 No, a minor doesn’t have to have an adult on the deed—but in practice, it’s almost always necessary to involve an adult or legal structure to make the transaction work smoothly and be accepted by the seller, lender, and escrow. If someone is considering doing this, it’s definitely worth speaking with a real estate professional and possibly a real estate attorney to structure it correctly from the start. If you want, I’m happy to walk through the cleanest ways to set this up depending on your specific situation. You can contact me directly on my website. www.bobarthurgroup.com

Chris CervantesReal Estate Agent9 months ago
Semi-Pro30 Answers

In California, a minor (someone under 18) usually cannot buy a house on their own. This is because buying a home requires signing legal contracts, and minors are not allowed to sign binding contracts. There are a few ways it can still happen: • A parent or guardian can buy the home with or for the minor • A home can be bought through a trust set up by an adult • Parents can buy the home and transfer it to the child after they turn 18 A minor cannot sign a mortgage or home purchase contract by themselves in California. If you’re planning ahead and want to understand your options, I’m happy to help. Chris Cervantes, Realtor® – Northern California DRE# 02245897 Phone: 707-317-3806 Instagram: https://www.instagram.com/selling_in_solano

Debbie SagorinReal Estate Agent2 years ago
Rising Star24 Answers

Carlos, you have to be 18 in order to purchase a property since it involves a contract.

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