Does a minor marrying automatically make them able to enter into a legal contract?

[vmp363]

I manage a federally assisted housing property in PA and one of the requirements is that all tenants/co-tenants must be of legal age and able to enter into a legally binding contract.

A 19 year old male will marry a 17 year old female in July. Once they are married, she will be the co-tenant, or spouse, not a dependant (am I right?) Does the fact that she will be married make her able to enter into a binding contract? If she were to be emancipated, would that allow her to legally enter into a binding contract? Or is it just just straight down the line, 18 years of age to enter into a binding contract.

Once they are married, can the young man claim her as his dependant, even though she is his spouse?

Thank you for any clarification.

VMP

 

[army judge]

I manage a federally assisted housing property in PA and one of the requirements is that all tenants/co-tenants must be of legal age and able to enter into a legally binding contract.

A 19 year old male will marry a 17 year old female in July. Once they are married, she will be the co-tenant, or spouse, not a dependant (am I right?) Does the fact that she will be married make her able to enter into a binding contract? If she were to be emancipated, would that allow her to legally enter into a binding contract? Or is it just just straight down the line, 18 years of age to enter into a binding contract.

Once they are married, can the young man claim her as his dependant, even though she is his spouse?

Thank you for any clarification.

VMP

Okay, great question.


Generally, if a minor is married they are no longer considered to be a legal incompetent.

They are emancipated via virtue of their marriage.

If the marriage is valid, the minor is said to be emancipated and would have the ability to enter into a contract.

How would you prove this?

A certified copy (or original copy) of the marriage license (certificate) should suffice.

I don't think whether the husband claims her as a dependent is relevant, unless it goes to determining income.

She will be his wife.
He will be her husband.
They are equals.
He may be older, but once they're married, she becomes an emancipated minor.
They are said to be husband and wife, not man and wife.
She could be said to his dependent, and he is her dependent.

A minor can't get married without parental or guardian permission!

3. Minor Applicants

Applicants Who Are Under Age Eighteen: §1304(b) (2)
No marriage license may be issued if either of the applicants is under 18 years of age unless the consent of the custodial parent or guardian of the applicant is personally given before the person issuing the license or is certified by the custodial parent or guardian, and attested by two adult witnesses. The certification must be notarized.

http://www.buckscounty.org/government/rowofficers/registerofwills/marriagelicenses.aspx

 

[vmp363]

Thank you great answer!! The minor female will not be 18 for another 11 months. Is the 1304B2 law? can I find that provision somewhere in PA law? They did give me a copy of the marraige lic but as they are not married yet it is not signed or notorized , but I did see a comment on it that said Con. received by parent, (which I assumed meant consent)

So if she is married then she "automatically" becomes emancipated and IS able to enter into a legal binding contract?

Thank you so much for the quick response, will use again!!!

 

[fredrikklaw]

She can and it wil be!l

VMP363:

It is true that any adult who contracts with an infant (a minor) does so at his great risk and peril since 99% of such contracts are voidable at the election of the infant and are also not enforceable against the same in case of a breach.

However, while the law allows infants the huge latitude to abandon, break, and breach contracts with absolute impunity, it does however hold their (infants') feet to the fire when it comes to three particular types of contract: 1- Food, 2- Shelter, and 3-Education. So a minor entering into any or all of these contracts will have to abide by and perfom the terms of the contract as if he was an adult.

Your organization insists on applicants being of age of majority (adults) for obvious reasons, but in this case the fears of the lesee abandoning the lease at whim and without fear of reprocautions are unfounded. If they lease, they will have to pay as an adult in the same situtation would.

So, yes; after marriage, she can enter a contract that can be enforced against her and her emancipation is deemed as complete by the operation of getting marrie.

fredrikklaw