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I recently filed chapter 7 bankruptcy, it will be a while for me to get a home.

Indio, CA |

Can my son who is a miner be on the home loan papers and use my income?

Attorney Answers 6

  1. No creditor will lend money to a minor because a child lacks the legal capacity to enter into a contract. Do not attempt to subvert the process by using your child's social security number because you would be committing the crime of identity theft.

    Hope this perspective helps!

  2. Ms. Bunce is correct about all of her advice to you.

    But you said it will be a while, and I wonder if you know how short that can be. You can generally qualify for an FHA home loan 24 months after the discharge, as long as your credit score is 620 or above. Most consumers will have a credit score above this in less than a year after the discharge.

  3. No, a minor cannot get a loan. Moreover, no one else can "use" your income to qualify for a loan.

    The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.

  4. Bad Idea. Not good for you the bank or your son. The bank would not intentionally lend to a minor because minors are not legally able to make binding contracts. If you lied about his age then both of you would be committing a fraud. Best to find an adult who is willing to help you.

    The ideas and opinions expressed in this comment are generalities only and not based upon a thorough analysis of your situation or the law that might apply to you. As such they are intended to be general guidance and not legal advice. Please feel free to contact us at 760-510-4900 if this is something you feel we can help you with.

  5. But doesn't he earn good money, himself with a (high-risk) job as a miner, and wouldn't qualification for such a position necessarily imply he's not a minor?

    This answer (as well as our Web site) doesn’t address all facts & implications of the question; it’s general info, not legal advice to be relied upon; it creates no attorney-client relationship; it may be pertinent to CA only and certain facts may be relevant to the San Diego court only; it’s independent of other answers. Seek legal counsel before acting or refraining from bankruptcy/legal action.

  6. If he is a miner then it would probably be ok. If he is a minor then definitely not.