Can I Sell a Property by Quitclaim Deed if One of the Currently Listed Owners is My Estranged Minor Son?

Completing a property sale using a Quitclaim Deed when one of the listed owners of that property is a minor who is not living in the parent’s home is a complicated issue with several variables.

The first issue is the minor’s ability to enter into a binding contract (i.e. the transfer of the property to a third party), as such contracts are voidable by the minor due to his age. But there are additional considerations and potential solutions.

Typically, the best-case solution is to have all parties listed on an existing Deed to sign the quitclaim to create the new deed upon sale.

A guardian could be appointed by a court to act on behalf of the child and sign the deed. Or the deed could be signed directly once the child turns 18.

The fact that the minor is estranged from the parent makes is possible that the parent lacks the legal authority to act as the child’s guardian in this transaction. And even if he could, some states may require both the minor and the guardian to sign the deed together.

To easily create a Quitclaim document, see Standard Legal’s Quitclaim Deeds legal forms software package.

For advice specific to any personal legal questions, Standard Legal always recommends you consult a qualified, licensed attorney; you can find a local attorney for FREE at Standard Legal’s Attorney Finder page.