Buying an Apartment in Your Minor Child's Name in Egypt: What the Law Says
Many Egyptian parents, especially those working abroad, consider buying an apartment in the name of a child under 18 to secure their future. Egyptian law allows it, but there is a consequence many overlook: the apartment belongs to the child, not the parent, and selling or mortgaging it later may require court approval depending on where the money came from. This guide explains the key rules in Law 119 of 1952 on guardianship over property.
This is general information, not legal advice. Consult a qualified Egyptian lawyer before acting.
Who acts for the minor?
Under Article 1, guardianship over a minor's property belongs to the father, then the paternal grandfather, unless the father has chosen a guardian (wasi). The father signs the purchase as the child's natural guardian. A mother is not a natural guardian by law, but she can manage the child's property if appointed as wasi. Guardianship ends when the child turns 21 (Article 18).
Where the money came from matters most
| Situation | General rule | In practice |
|---|---|---|
| The father paid from his own money as a gift to the child | Article 13: the law's restrictions do not apply to property the minor received as a gift from the father | More flexibility to manage or dispose of the unit later |
| Paid from the child's own money (e.g. inheritance, or a gift from someone else) | Article 7: the father may not dispose of the minor's real estate worth more than EGP 300 without court permission | Any apartment today exceeds that threshold, so selling or mortgaging needs court approval |
| A gift from a grandparent, the mother or other relatives | Not a gift from the father, so the general restrictions apply | Later sale usually goes through the court |
If the father is paying as a gift, the paperwork should state that clearly. Let a lawyer draft the wording.
Other restrictions
- Selling to yourself or relatives requires court permission (Article 6), and the guardian may not mortgage the minor's property for his own debt.
- Court refusal: the court may refuse if the deal puts the minor's property at risk or involves a loss of more than one fifth of its value (Article 7).
- Long leases: a lease extending more than one year beyond the child's 21st birthday needs court permission (Article 10). See our lease contract guide.
- Borrowing: lending or borrowing on the minor's behalf needs court permission (Article 9), so a mortgage in a minor's name is rarely practical.
Benefits and risks
Buying in a child's name can secure an asset for them early and help organise family wealth, while still respecting inheritance rules. The trade-offs: the unit is no longer yours, a sale during a family emergency may need court approval, and at 21 the child gains full control. Some developers also ask for extra documents for contracts in a minor's name.
Checklist before you buy
- Decide and document the source of funds: your own money as a gift, or the child's money.
- Prepare the child's birth certificate and the guardian's ID, and ask the seller what they require.
- Have a lawyer draft the clause on the father's capacity as natural guardian and the source of payment.
- If you live abroad, check that your power of attorney covers buying on the minor's behalf. See our guide to buying from abroad.
- Plan an exit: what if you need to sell before the child turns 21?
- Run the usual checks on the unit and the developer.
- Keep payment receipts showing the money left your account.
FAQ
Can a mother buy an apartment in her minor child's name?
She can gift money or property to the child, but she is not the natural guardian, and a gift from anyone other than the father does not benefit from the Article 13 exception. Ask a lawyer about the right structure.
Do I need court permission to buy in my child's name?
The restrictions above mainly concern disposing of the minor's property. Purchase requirements can vary with the source of funds and the seller's process, so check with a lawyer first.
When can my child sell the apartment alone?
Guardianship ends at 21, after which the child has full control.
Can I rent out an apartment registered to my child?
Yes, as guardian, but a lease running more than a year past the child's 21st birthday requires court permission.
Legal texts (Arabic): Law 119 of 1952 on guardianship over property and commentary on disposing of a minor's property.
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