Helping Kids Get into Property and Why It’s Becoming the New Normal

For many first-home buyers in New Zealand, the biggest hurdle isn’t choosing a property, it’s getting through the door at all.

With Central Otago house prices remaining high, lending criteria tightening, and deposits harder to save than ever, more buyers are turning to a familiar institution for help: The Bank of Mum and Dad.

Once the exception, parental assistance has become an increasingly common and often essential part of getting onto the property ladder. But while the intention is generous, the legal and practical implications deserve careful thought.

What Is the “Bank of Mum and Dad”?

The phrase refers to financial assistance provided by parents or family members to help children purchase property.

This assistance can take many forms, including:

• Gifting part or all of a deposit
• Lending money (with or without interest)
• Acting as guarantors
• Using equity in the parents’ own home
• Co-owning property with children

Each option has different legal, tax, and risk implications and not all are well understood.

Why Is Parental Help Becoming So Common?

1. Property Prices vs Wages

While house prices fluctuate, the long-term trend in New Zealand has been clear: prices have outpaced wage growth.

For many first-home buyers:

• Saving a 20% deposit can feel impossible
• Rent absorbs the bulk of income
• Time in the market matters more than timing the market

Parental assistance often bridges the gap between “almost” and “approved”.

2. Tighter Bank Lending Criteria

Banks are under increasing regulatory pressure to assess affordability and risk.

This means:

• Larger deposits are often required
• Income and expenses are scrutinised closely
• Guarantors and family support are increasingly common

The Bank of Mum and Dad has effectively become part of the modern lending ecosystem.

3. Intergenerational Wealth Transfer

Many parents who bought property decades ago have benefited from significant capital growth.

Helping children into property is increasingly seen as:

• A way to level the playing field
• An early inheritance
• A practical use of accumulated equity

But early wealth transfer should be structured carefully.

Common Ways Parents Help and What They Mean Legally

Gifting Money

This is often the simplest approach.

Parents gift funds to assist with the deposit, with:

• No expectation of repayment
• A gifting certificate provided to the bank

Key risk: once gifted, the money legally belongs to the child. If relationships change or the property is sold, parents usually have no legal claim.

Lending Money to Children

Instead of gifting, parents may lend funds, sometimes interest-free.

This should always be documented with:

• A formal loan agreement
• Clear repayment terms
• Consideration of whether the loan is repayable on demand

Without documentation, loans are often treated as gifts in disputes or relationship property proceedings.

Guarantees and Security Over Parents’ Property

Some parents guarantee part of their child’s loan or offer equity in their own home as security.

This can be effective but it carries real risk:

• Parents may be liable if repayments are missed
• Their own home can be exposed
• Guarantees can affect parents’ future borrowing capacity

Guarantees should never be entered into lightly.

Co-Ownership Arrangements

In some cases, parents buy property jointly with their children.

This raises important questions:

• Who owns what share?
• Who pays the mortgage and expenses?
• What happens if one party wants to sell?

A property sharing or co-ownership agreement is essential to avoid disputes late

The Relationship Property Angle

One of the most overlooked risks of the Bank of Mum and Dad is relationship property law.

Under the Property (Relationships) Act 1976, property acquired during a relationship is often shared equally if the relationship ends.

Without protection:

• Parental contributions can be swept into the relationship pool
• A child’s partner may benefit from parents’ generosity

Tools such as contracting out agreements can help protect family contributions but they must be done properly and early.

Tax and Estate Planning Considerations

• While New Zealand does not have gift duty or capital gains tax in the traditional sense, parental assistance can still impact:
• Estate planning
• Fairness between siblings
• Wills and trusts

Clear records and consistent planning help avoid future family conflict.

Why Documentation Matters (Even in Families)

It can feel uncomfortable to “lawyer up” within families. But clarity protects relationships.

Proper documentation:

• Manages expectations
• Reduces misunderstandings
• Protects all parties if circumstances change

Good fences make good neighbours and good paperwork makes good families.

The Bigger Picture

The rise of the Bank of Mum and Dad highlights a broader reality: the path into property is changing.

While family assistance can open doors, it also shifts risk, often onto parents who may not fully appreciate the consequences.

Handled well, it can be a powerful way to help the next generation. Handled poorly, it can lead to financial loss and fractured relationships.

For clear, practical guidance on property, estate, or relationship property matters, the team at Checketts McKay Law offers specialist support to help you structure family financial assistance safely and protect everyone’s interests. They provide straightforward advice and documentation to ensure your arrangements are secure, fair, and future-focused.