Family money can become one of the hardest parts of property settlement. A parent may have helped with a home deposit, one person may have received an inheritance, or money may have been described casually as a loan without proper documents.
The quick answer is that inheritances, family gifts and family loans can all matter in property settlement, but they are not treated automatically in one way. The outcome depends on timing, intention, documentation, how the money was used, the parties’ contributions and what is just and equitable in the circumstances.
The property settlement framework
Property settlement is decided under the Family Law Act 1975 (Cth), including s 79 for married couples and s 90SM for de facto couples. The practical framework is to identify and value the property pool, consider contributions, consider future needs and other relevant factors, and decide whether the proposed outcome is just and equitable.
The property framework was amended from 10 June 2025. Property articles should be read with that current-law context in mind, including the way family violence and economic abuse may now be relevant to the assessment.
Family money is usually considered within that broader framework. It is not decided by a simple label.
How inheritances may be treated
An inheritance received before, during or after a relationship may be relevant. Timing matters. An inheritance received early in a long relationship and used for family purposes may be treated differently from an inheritance received very late or after separation.
The Court may consider who received the inheritance, when it was received, whether it was mixed with joint assets, whether it was preserved, and what the parties otherwise contributed.
An inheritance is not automatically excluded from the asset pool. It is also not automatically divided equally. The question is how it should be weighed in the overall settlement.
Gifts from family
Family gifts often cause disputes because people remember the intention differently. One party may say the money was a gift to both parties. The other may say it was a contribution from their family and should be recognised in their favour.
Evidence matters. Bank records, messages, loan agreements, emails, family discussions, tax records and the way the money was used can all help. If money was paid directly into a joint account or used to buy a jointly owned home, the practical treatment may be different from money held separately.
A gift from one person’s family may still be recognised as a contribution made on that person’s side of the ledger, depending on the facts.
Loans from parents or relatives
Family loans are often challenged. If there is no written agreement, no repayment history, no interest, no demand for repayment and no evidence that anyone treated the amount as a real debt before separation, the other party may argue it was a gift.
A genuine loan should be documented. Useful evidence may include a loan agreement, repayment schedule, bank transfers, interest terms, security documents, correspondence and actual repayments.
If a parent says money must be repaid only after separation, the timing may be scrutinised. The issue is whether the liability is real and enforceable, and how it should affect the property pool.
What evidence helps
The most useful evidence is usually contemporaneous. That means documents created when the money changed hands, not after the dispute started.
Collect bank statements, transfer descriptions, emails, text messages, loan documents, mortgage records, trust documents, estate documents and records showing how the money was spent. If a family member provided the money, they may need to provide evidence too.
Do not create artificial documents after separation to make a gift look like a loan. That can damage credibility and increase cost.
Practical steps before settlement
List every inheritance, gift or loan that may matter. Record the date, amount, source, purpose, documents and current position. Work out whether the money still exists as an identifiable asset or whether it was spent on family living costs, debt reduction, renovations or business expenses.
Then get advice about how it fits into the property settlement framework. A short appointment can help you understand whether the issue is likely to affect the asset pool, contributions, future needs or the final percentage division.
The next step
Family money should be handled carefully because the wrong description can change the settlement discussion. The earlier you collect the documents, the easier it is to explain the real position.