ARTICLE
23 September 2019

Assisting your children to purchase property

WT
Watkins Tapsell

Contributor

Watkins Tapsell is a client-focused law firm with over 50 years of experience. They provide comprehensive legal support to families, individuals, small businesses, and larger companies. With six Partners and a dedicated team, they prioritize exceeding client expectations by anticipating legal changes and adapting their services to meet evolving needs. Building long-term relationships is a core value for Watkins Tapsell.
Providing money to your children to purchase property may seem simple, but it could lead to some difficult legal issues.
Australia Real Estate and Construction
To print this article, all you need is to be registered or login on Mondaq.com.

With the way the Sydney property market has been behaving lately, we have been seeing more and more parents providing money to their children to purchase property. This seems like a very innocent thing to do, but it can lead to some legal issues which you did not think about.

The questions which are important to consider are:

Is the money a gift or loan?

This is an important question for the bank to know if your children are also looking to get a loan with the Bank to top up the amount for a purchase. If it is a loan the Bank may not loan any further money.

Is it a gift you have provided for your other children as well?

Do you want your children to benefit equally under your will?

Have you noted this gift and any other gifts in your will?

If it is a gift and your child is in a married or in a defacto relationship are you happy for their partner to retain some benefit from this if they were to split up?

If it is a loan what are the terms for repayment?

If you are considering assisting your children with the purchase of property please speak to a member of our Property team before purchasing any property. Our Family Law team is also happy to assist you with any questions that you may have on what happens if you give a gift to your child and they split up with their partner.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More