# What Property do minors own? **URL:** \ **Category:** Factual Questions\ **Created:** [May 28, 2019, 10:59pm UTC](https://boards.straightdope.com/t/what-property-do-minors-own/834677 "2019-05-28T22:59:50Z")\ **Posts on this page:** 11\ **Page:** 2
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [May 30, 2019, 3:53pm UTC](https://boards.straightdope.com/t/what-property-do-minors-own/834677/21 "2019-05-30T15:53:16Z")
> [@md2000](#): > > I always understood it that a contract signed by a minor was never binding; they cannot consent. Therefore, any time they choose to stop abiding by the contract, they can walk away from their obligations. A dealer may be able to repossess the car, but they can’t enforce the usual terms like suing for missed payments. [It is _much_ worse than that:](https://www.doityourself.com/stry/legal-issues-when-selling-a-car-to-a-minor) > [@](#): > > Once a minor reaches the age of maturity they will be able to dispute the contract because they made the contract when they were too young to do so. This means that they can return the car to you and you are legally obliged to give them all the money that they paid regardless of the condition of the car. > > The contract simply disappears because it was formed when the individual was under the age of consent, they simply weren’t able to give their word or sign contracts. And ever worserer: > [@](#): > > When returning the car to you the condition is not important, this is a huge problem from your point of view. They could have crashed the car into a lamppost, but they can still return it to you for a full refund. If you refuse to pay, like most people would, then they can sue and possibly win. The law is designed to protect minors and this means that you should never sell a car to a minor. ---
**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\ **Post date:** [May 30, 2019, 3:57pm UTC](https://boards.straightdope.com/t/what-property-do-minors-own/834677/22 "2019-05-30T15:57:59Z")
> [@md2000](#): > > I always understood it that a contract signed by a minor was never binding; they cannot consent. Therefore, any time they choose to stop abiding by the contract, they can walk away from their obligations. A dealer may be able to repossess the car, but they can’t enforce the usual terms like suing for missed payments. [Wikipedia](https://en.wikipedia.org/wiki/Capacity_(law)#Minors_and_Contractual_Capacity)doesn’t make the details very clear. Probably a lot of state by state variation here in the US. But it’s clear that sales to minors are hazardous. Haven’t really heard about this since I was a teenager and the 26th amendment passed. It took a little while for the state laws to change but by the time I turned 18 in 1974 it had become a non-issue for me. Not long before that minors at ages 18-21 needed a car to be registered in an adult’s name in PA, even if paid in full. ETA: I see **Czarc** has added some details. ---
**Author:** ![ftg](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ftg/32/2801_2.png) [@ftg](https://boards.straightdope.com/u/ftg)\ **Post date:** [May 30, 2019, 4:26pm UTC](https://boards.straightdope.com/t/what-property-do-minors-own/834677/23 "2019-05-30T16:26:43Z")
> [@Czarcasm](#): > > Can a parent legally put a child in debt because of what the child supposedly owes in room and board? If said child refuses to fork over the cash, can the parents refuse to feed, clothe or house said child? I want to make a point about the phrase “Can a parent legally put a child in debt …” only. The rest of the question seems illegal, but a lot of stuff that seems illegal isn’t. An example of a parent putting a child in debt (via another method) was the patriarch of the 60s group The Cowsills. He “managed” their money. I.e., spending it will not paying the IRS it’s due. This resulted in his kids having large IRS debts that took them a lot of time and trouble paying off. Despite many being minors at the time. It would seem to me that in fairness if a child can become indebted, even if through no fault of their own, then they should be entitled to own assets. But fairness has little to do with the law. Also note that the Coogan law in CA has not protected many child stars. Gary Coleman is a famous example. Evil people can always figure out how to grab onto a kids money and once spent, what recourse does anyone have? ---
**Author:** ![Ike\_Witt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ike_witt/32/283_2.png) [@Ike\_Witt](https://boards.straightdope.com/u/Ike_Witt)\ **Post date:** [May 30, 2019, 7:07pm UTC](https://boards.straightdope.com/t/what-property-do-minors-own/834677/24 "2019-05-30T19:07:59Z")
NHLer Jack Johnson had given his mother power of attorney. [It was not a pleasant situation](https://www.forbes.com/sites/ericmacramalla/2014/11/25/jack-johnson-bankruptcy-need-to-manage-parents/#43b0eab95958). His parents not only spent his money, they put him in a position where he had to declare bankruptcy just after signing a multi-million dollar contract. ETA: He wasn’t a minor, but still… ---
**Author:** ![iamthewalrus\_3](https://avatars.discourse-cdn.com/v4/letter/i/258eb7/32.png) [@iamthewalrus\_3](https://boards.straightdope.com/u/iamthewalrus_3)\ **Post date:** [May 30, 2019, 9:04pm UTC](https://boards.straightdope.com/t/what-property-do-minors-own/834677/25 "2019-05-30T21:04:31Z")
> [@aceplace57](#): > > Children own personal property. Books, clothes, shoes, and so on. Cash gifts and items they purchased belong to them. > > Employment income from a part time job gets a bit murky. The fact that California had to pass a law to protect the earnings of (some) minors (in specific industries) suggests that it’s not murky at all: parents generally have a right to employment income from minors, and minors don’t. I’m curious about the idea that minors own personal property. I agree it seems like they do/should. Is there any case law to back it up? It would seem weird to me (thought not impossible) that the $20 that grandpa gives you in a birthday card is legally enforceably yours, but the money you make working a job isn’t. ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [May 30, 2019, 10:57pm UTC](https://boards.straightdope.com/t/what-property-do-minors-own/834677/26 "2019-05-30T22:57:21Z")
> [@iamthewalrus\_3](#): > > The fact that California had to pass a law to protect the earnings of (some) minors (in specific industries) suggests that it’s not murky at all: parents generally have a right to employment income from minors, and minors don’t. > > I’m curious about the idea that minors own personal property. I agree it seems like they do/should. Is there any case law to back it up? > > It would seem weird to me (thought not impossible) that the $20 that grandpa gives you in a birthday card is legally enforceably yours, but the money you make working a job isn’t. Well, right at the very fundamental level of early law - if the new king (or queen) was a minor, they have limited powers and a regent stood in for them in important decisions. But the Regent could not take their throne under his authority (unless he stuck them in the Tower of London and murdered them). But generally that sort of “ownership” nowadays is covered by legal tricks - minors inherit a fund held in trust for them until they are adults, to prevent whomever has control from taking it all while they are still young. So the minor never really “owns” the property until they are of age. However, there is the “Willy Nelson principle” which basically says that just because someone stole your money doesn’t mean your obligations are forgiven; the IRS still wants its share of the money. You don’t get out of your credit card debt or mortgage just because someone you trusted cleaned out your bank account. The money you make from a job? I guess it’s the “possession is 9/10 of the law” rule. If you put the money into an account which your parents have access to - they have access to it. There are plenty of ways threats can go back and forth over this, but if the parents are dicks, well, you can choose your friends, you can’t choose your family. You could cash your paycheque and take cash, but nowadays many payments are direct deposit. You could buy savings bonds and keep them in a secret place… ---
**Author:** ![doreen](https://avatars.discourse-cdn.com/v4/letter/d/858c86/32.png) [@doreen](https://boards.straightdope.com/u/doreen)\ **Post date:** [May 31, 2019, 1:58am UTC](https://boards.straightdope.com/t/what-property-do-minors-own/834677/27 "2019-05-31T01:58:47Z")
> [@](#): > > The money you make from a job? I guess it’s the “possession is 9/10 of the law” rule. If you put the money into an account which your parents have access to - they have access to it. There are plenty of ways threats can go back and forth over this, but if the parents are dicks, well, you can choose your friends, you can’t choose your family. You could cash your paycheque and take cash, but nowadays many payments are direct deposit. You could buy savings bonds and keep them in a secret place… A number of the articles I saw addressed that issue- apparently , where the parents are entitled to the minor child’s earnings they also have the right to insist that the employer pay the wages directly to the parents. Sent from my iPhone using Tapatalk ---
**Author:** ![Tim\_T-Bonham.net](https://avatars.discourse-cdn.com/v4/letter/t/46a35a/32.png) [@Tim\_T-Bonham.net](https://boards.straightdope.com/u/Tim_T-Bonham.net)\ **Post date:** [May 31, 2019, 2:16am UTC](https://boards.straightdope.com/t/what-property-do-minors-own/834677/28 "2019-05-31T02:16:53Z")
> [@aceplace57](#): > > Wouldn’t the family’s cost for the child’s rent & food exceed a McDonald’s pay check? > [@Czarcasm](#): > > Can a parent legally put a child in debt because of what the child supposedly owes in room and board? If said child refuses to fork over the cash, can the parents refuse to feed, clothe or house said child? NO. Parents are required by law to provide housing, food, & clothing for their children until age 18. (If they aren’t willing to do that, they should have used a condom.) Control of a minor’s earnings may be murky and vary by state, but every US State has laws requiring parents to provide for their minor children – and enforcement programs for child abuse/neglect. ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [May 31, 2019, 2:51pm UTC](https://boards.straightdope.com/t/what-property-do-minors-own/834677/29 "2019-05-31T14:51:34Z")
> [@doreen](#): > > A number of the articles I saw addressed that issue- apparently , where the parents are entitled to the minor child’s earnings they also have the right to insist that the employer pay the wages directly to the parents. > > Sent from my iPhone using Tapatalk In this case it’s more about the family dynamic than legal rights. If someone is working and does not see a dime of it, what’s their motivation to work? Most likely physical and verbal threats and abuse from the parents. The only positive motivation I could see is if it goes into a college fund (for real) or the family desperately needs to additional cash and they all see the direct benefit. Neither of those choices suggests to me coercion to surrender all pay, or leaving the child absolutely nothing, would be part of the situation. Even if we’re talking child star serious money here, I would imagine the child would at least see an above-average allowance out of their earnings. To get absolutely nothing indicates a seriously warped family dynamic - i.e. those parents are dicks. ---
**Author:** ![DSYoungEsq](https://avatars.discourse-cdn.com/v4/letter/d/c6cbf5/32.png) [@DSYoungEsq](https://boards.straightdope.com/u/DSYoungEsq)\ **Post date:** [May 31, 2019, 3:33pm UTC](https://boards.straightdope.com/t/what-property-do-minors-own/834677/30 "2019-05-31T15:33:00Z")
> [@Ethilrist](#): > > If they’re earning enough money to get taxed, they own the money that’s going into Social Security. Without totally derailing the thread, you do realize that the FICA taxes you pay aren’t put “into” Social Security for you to use later, right? :smack: ---
**Author:** ![doreen](https://avatars.discourse-cdn.com/v4/letter/d/858c86/32.png) [@doreen](https://boards.straightdope.com/u/doreen)\ **Post date:** [May 31, 2019, 3:54pm UTC](https://boards.straightdope.com/t/what-property-do-minors-own/834677/31 "2019-05-31T15:54:02Z")
> [@md2000](#): > > In this case it’s more about the family dynamic than legal rights. If someone is working and does not see a dime of it, what’s their motivation to work? Most likely physical and verbal threats and abuse from the parents. > > The only positive motivation I could see is if it goes into a college fund (for real) or the family desperately needs to additional cash and they all see the direct benefit. Neither of those choices suggests to me coercion to surrender all pay, or leaving the child absolutely nothing, would be part of the situation. I’m going to assume that you have never known anyone in the latter situation - because it is not so uncommon for a child in those circumstances to be left with nothing after paying his her own expenses to get to/from work. It’s also not uncommon for _parents_ in that situation to be left with no personal spending money after paying their expenses to get to/from work. [Previous page](https://boards.straightdope.com/t/what-property-do-minors-own/834677.md?page=1)