Dear IBP,
Gusto ko po sana ipangalan sa nag iisang anak ko na 15 year old ang title. Single mother po ako. Ayaw ko po kasi na meron maki alam sa bahay at lupa namin. Ano po ba dapat ko gawin?
Miss M.
Dear Letter Sender Miss M.:
It is unclear from your letter whether the house and lot you are referring to is already in your name, or it is still in someone else’s. The timeline when you want to transfer the registration is likewise unclear, i.e, whether you want to transfer the registration mortis cause or inter vivos. Thus, it is best to limit the discussion on the premise that the property is currently registered in your name, and you want to transfer the registration to your child while you are still alive, and that the transfer is not to defraud any person but simply for the reason that you want to secure the future of your child by having a property registered in his/her name.
Based on these assumptions, yes, you may convey the property directly to your child, and thereafter transfer the registration of the property in his/her name. Unless your child has his/her own earnings, the mode of conveyance is via gratuitous title, or donation. Under Article 37 of the Civil Code, your child already has juridical capacity to be the subject of legal relations, as in this case, he/she may be a recipient of a property donated by his/her mother. Art. 226 of the Family Code also implies that unemancipated minors may own properties. However, while they may have juridical capacity, please note that they have limited capacity to act. In this case, they cannot enter into a deed of conveyance by themselves, and he/she has to be represented by a guardian.
Careful thought should be given to registering a property in a minor’s name though. First, note property owned by a minor cannot be sold, mortgaged or otherwise encumbered without the approval of the court. The property of the minor shall be devoted exclusively for his support and education, unless the title or transfer provides otherwise. While you exercise parental authority over your child’s property, this parental authority extends to acts of administration only, and do not cover acts of ownership for which you need to seek court approval.
Second, since the property is already owned by your child, once he/she attains the age of majority, you cannot prevent him/her from exercising acts of ownership over the property. As a general rule, a donation cannot be revoked except on the grounds provided for by law. In short, court approval must still be obtained should you wish to reverse the donation. Also, once your child marries, the property becomes part of the absolute community of property (Art. 92, Family Code) with his/her spouse – and this might defeat your reason of “ayaw ko po kasi may makialam sa bahay at lupa namin.”
Finally, there are daily practicalities of living on or managing property owned by a minor. Since minors usually are not in a position to care for the property on their own, you may need to adduce other documents when joining homeowner’s associations, applying for utility services, and other like services.
In sum, while you can legally transfer the title to your 15 year old child, such decision has to be carefully thought of and planned. More power and God bless!
