Can a 17 year old in Virginia get emancipated so she can sign a lease in California?

Answer 1

This question is more complicated than it might seem.

First, yes, a seventeen year old can be emaciated in Virginia, the process and requirements and effects being governed by Virginia Statues Title 16.1-331 et seq ('et seq' is 'legalese', for an abbreviation for the Latin "et sequentia", which means "and the following").

Virginia will require you meet certain criteria, such as being married, on active duty in the military, or living separately from your parent(s) and showing an ability to support yourself and manage your finances.

Also, it should be mentioned that, in most cases, you will need parental consent to seek emancipation, as well.

Now, in order to be assured of being able to enter into a contract in California, you will have to make sure that California recognizes your Virginia Emancipation Order.

If they don't, due to differing requirements, you may need to seek a California order of Emancipation as well... But, once either of those requirements is met, then yes, an emancipated seventeen year old may sign a lease (although you may have to take some effort and trouble convincing the would-be landlord of this fact...)

The statutes governing emancipation in California are found in California Family Code Section § 7000 et seq, and the section that specifically states you can lease property is Ca Fam § 1750(e)(3)&(15) which state:

An emancipated minor shall be considered as being an adult

for the following purposes:

...

(e) The minor's capacity to do any of the following:

...

(3) Buy, sell, lease, encumber, exchange, or transfer an interest

in real or personal property, including, but not limited to, shares

of stock in a domestic or foreign corporation or a membership in a

nonprofit corporation.

...

(15) Establish the minor's own residence.