It owns a house that was the Pastor's residence. our pastor wants to sell the church that is already in the church's name and paid for, rent another church to be able to omit some costs of the church expenses. If your father purchased the building privately and it has not been used for a church or non-profit ministry, he can probably sell it and do whatever he wishes with the proceeds of the sale. The courts usually have answered this question on the basis of what church body has the last word in official decisions in the church in question. If the church ousts the pastor it can preclude the sale of the property as the pastor would no longer have authority to … Federal, state or … Transferring Church Property § 7.05. But as a general rule, the pastor would not have legal title to be able to sell a church's real property. My initial research says no. You just may need help in getting that message out. by Richard R. Hammar, J.D., LL.M., CPA. Thank you, XXXXX XXXXX had to represent that he was acting with the consent of the congregation to initiate the sale of the property. Another exempt organization. A husband and wife team of pastors from Eden Prairie, Minnesota, are now facing tough questions after selling their longtime church to developers then splurging on a million dollar luxury lakefront home while telling their members that God now wants them to worship in "micro churches" held in their homes. When the church membership declined, he sold the building and put the assets into a business for his family. Posted on September 29, 2016 by Cathy Caridi Q: At Sunday Mass, Father announced that the church pipe organ was going to be replaced by a digital organ, because the pipe organ was in very bad shape. Can a pastor sell the church without notifying the church members, Texas, Some one called asking about the selling of - Answered by a verified Lawyer. The Pastor is deceased, and the church wanted the Pastor's child to have it. The church is in NJ. We use cookies to give you the best possible experience on our website. Ask a lawyer - it's free! Arthel Coleman, a former church deacon, filed a suit on behalf of the church alleging a breach of fiduciary duty and violation of a state law regulating the sale of properties by nonprofit religious entities. More. We use cookies to give you the best possible experience on our website. My research says the recipient of the property must be: 1. Can the Pastor Buy and Sell Parish Property Without Our Consent? The pastor and his wife have resided in our church parsonage for all of these years, and the church board would like to sell the parsonage to the pastor at half of its market value as a retirement gift in recognition of his services. Good luck. A suit brought by a congregant alleges that the pastor and his extended family intended to sell the church properties and pocket the proceeds even though the congregants never approved the sales. That does not mean, however, that the pastor would not try to do so. However, because the Pastor's child is not the present Pastor, it was told to us that it is illegal to "give" the house to the Pastor's child.