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Bank of Mum and Dad: How a BFA Protects Your Gifted House Deposit

Imagine this: Your parents offer you a significant sum, perhaps a $120,000 deposit, to help you buy your first apartment. It’s a dream come true, a huge step towards your future. But then, a quiet, worrying thought creeps in: “What happens to that money if you and your partner were to break up? Will that generous gift be protected?”

This was the very scenario for Emily (28), a physiotherapist, and her partner Tom (29), who works in IT. Deeply in love and ready to buy their first home after four years together, they gratefully accepted Emily’s parents’ life-changing offer. Yet, her parents had one clear wish: they wanted the gift to “stay in the bloodline,” ensuring it was protected.

Emily and Tom understood. They loved each other, but they also respected her parents’ wishes. They needed a way to make sure that $120,000 was legally designated as Emily’s separate property.

Why Protecting Gifted House Deposits & Inheritances Matters for Your Future

When parents or family members contribute significantly to a house deposit, an inheritance, or any other substantial gift, it’s often given with good intentions and the hope it secures a loved one’s future. The desire to protect that contribution, ensuring it remains with the intended recipient even if a relationship ends, is incredibly common.

This isn’t about planning for failure; it’s about good financial housekeeping. It’s about building your shared life on a foundation of total transparency and documenting the starting point fairly. For Emily and Tom, it was about accepting a generous gift with clarity and respect for where it came from.

Your Solution: Using a BFA (Prenup/Cohabitation Agreement) to Protect Gifted Assets

This is where a Binding Financial Agreement (BFA) becomes invaluable. Often used by couples before marriage (a “pre-nup”) or when moving in together (a “cohabitation agreement”), a BFA is a legally binding contract that allows you and your partner to decide how your property and finances will be divided if your relationship ends.

For Emily and Tom, a BFA provides the perfect mechanism to legally protect a gifted house deposit. It clearly outlines that the $120,000 received from Emily’s parents is her separate contribution to the property. This ensures that, in the unlikely event of a separation, this specific amount would be returned to Emily before any other equity is divided. This makes it a crucial tool for protecting an inheritance from a partner or any significant family gift.

Achieving Financial Clarity & Peace of Mind for Your Family

By putting a BFA in place, Emily and Tom achieved immediate peace of mind. Not only for themselves, knowing their financial future was clear, but also for Emily’s parents, who could rest assured their generous gift was protected.

A BFA fosters open communication about finances, which strengthens a relationship. It removes potential future conflict by settling key financial questions upfront, allowing the couple to focus on building their life together, free from lingering anxieties.

Simplify Asset Protection: Affordable BFAs with SplitWise

Navigating legal agreements can seem complex and expensive, but it doesn’t have to be. If you’re receiving a significant financial gift and want to ensure it’s protected, just like Emily and Tom, you deserve affordable access to quality legal support.

Traditional family law can be costly, but SplitWise offers a smarter, more affordable way. Our platform, backed by family lawyers, makes the process straightforward and cost-effective. We provide the certainty and protection of a BFA at a significantly lower cost.