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MINIMUM AGE OF HOMEOWNER

  • 11-01-2010 8:19pm
    #1
    johneym
    Site Banned Posts: 344 ✭✭


    HI

    does anybody know if a minor can own property in his name?

    Tks
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Comments

  • #2
    eagle_&_bear
    Registered Users, Registered Users 2 Posts: 328 ✭✭eagle_&_bear


    by virtue of the fact that a minor does not have capacity to contract until they reach the age of majority ie 18, I'd go with 18. This could also be the case as issues of mortgages can only be take out in a persons name once they are 18 years of age or more

    property can be held in trust for a person who is not 18 yet but once they turn 18 (unless there is a rider clause that proscribes an age etc) they can they convert the property to their own name.

    There are some old family law cases in relation to linking marriage to age of majority but, and I stand to be corrected on this point, modernly, they are no longer followed and 18 is the minimum age requirement- I don't think there is a statute which expressly provides that a person must be 18 years of age (as it would, in effect amount to age discrimination) but, every other common law principle surrounding the operation and control of property requires a person to be of the age of majority and without impediment (ie a disability: not a minor, not a prisoner, not someone suffering from a mental incapacity etc). If a minor was to buy property (how ever so), such a contract can not be enforced against him/her and on turning 18, he/she would have to reinforce the contract to make use of the property


  • #3
    Maximilian
    Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    Please don't start duplicate threads. You asked the same question in your last thread and the answer is the same. A minor can own land but only as a beneficial owner; the legal title must vest in a trustee. If your solicitor is not helping you on this, then consult a different one.

    The law is re-stated in the recent Land & Conveyancing Law Reform Act 2009.

    18.—(1) Subject to this Part, where land is—
    (a) for the time being limited by an instrument, whenever
    executed, to persons by way of succession without the
    interposition of a trust (in this Part referred to as a “strict
    settlement”), or
    (b) held, either with or without other property, on a trust
    whenever it arises and of whatever kind, or
    (c) vested, whether before or after the commencement of this
    Part, in a minor    ,
    there is a trust of land for the purposes of this Part.


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