ASIC’s MoneySmart<\/a> before you commit.<\/p>\nDisclaimer:<\/strong> The information provided in this article is for general informational purposes only and does not constitute financial, legal, or tax advice. Australian laws and lending criteria vary by state and territory and may change. Always consult a licensed financial adviser, solicitor, or conveyancer before entering into any financial arrangement or property purchase with another party.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"Understand how a family mortgage loan is documented, what lenders accept as a deposit source, and where informal handshakes fail. See what you need to know.<\/p>\n","protected":false},"author":3,"featured_media":3467,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_chipkie_hreflang":"[{\"hreflang\":\"en-AU\",\"href\":\"https:\\\/\\\/chipkie.com\\\/au\\\/?p=3468\"},{\"hreflang\":\"en-GB\",\"href\":\"https:\\\/\\\/chipkie.com\\\/uk\\\/?p=3687\"},{\"hreflang\":\"en-US\",\"href\":\"https:\\\/\\\/chipkie.com\\\/?p=3733\"},{\"hreflang\":\"x-default\",\"href\":\"https:\\\/\\\/chipkie.com\\\/au\\\/?p=3468\"}]","_yoast_wpseo_focuskw":"family mortgage loan","_yoast_wpseo_metadesc":"Understand how a family mortgage loan is documented, what lenders accept as a deposit source, and where informal handshakes fail. See what you need to know.","_yoast_wpseo_title":"Family Mortgage Loan: What Lenders Accept 2026 - Chipkie","_seopress_analysis_target_kw":"family mortgage loan","_seopress_titles_desc":"Understand how a family mortgage loan is documented, what lenders accept as a deposit source, and where informal handshakes fail. See what you need to know.","_seopress_titles_title":"Family Mortgage Loan: What Lenders Accept 2026 - Chipkie","rank_math_focus_keyword":"family mortgage loan","rank_math_description":"Understand how a family mortgage loan is documented, what lenders accept as a deposit source, and where informal handshakes fail. See what you need to know.","rank_math_title":"Family Mortgage Loan: What Lenders Accept 2026 - Chipkie","_chipkie_jsonld":"{\n \"@context\": \"https:\/\/schema.org\",\n \"@graph\": [\n {\n \"@type\": \"Article\",\n \"@id\": \"https:\/\/chipkie.com\/au\/?p=3468#article\",\n \"headline\": \"Family Mortgage Loan: What Lenders Accept 2026\",\n \"description\": \"Understand how a family mortgage loan is documented, what lenders accept as a deposit source, and where informal handshakes fail. See what you need to know.\",\n \"keywords\": \"family mortgage loan\",\n \"inLanguage\": \"en-AU\",\n \"url\": \"https:\/\/chipkie.com\/au\/?p=3468\",\n \"image\": \"https:\/\/chipkie.com\/au\/wp-content\/uploads\/sites\/10\/2026\/08\/family-mortgage-loan.jpg\",\n \"mainEntityOfPage\": {\n \"@type\": \"WebPage\",\n \"@id\": \"https:\/\/chipkie.com\/au\/?p=3468\"\n },\n \"wordCount\": 1617,\n \"datePublished\": \"2026-08-25T10:27:41+00:00\",\n \"dateModified\": \"2026-08-25T10:27:41+00:00\",\n \"author\": {\n \"@type\": \"Person\",\n \"name\": \"The Chipkie Team\",\n \"jobTitle\": \"Personal Finance Editorial Team\",\n \"url\": \"https:\/\/chipkie.com\/about\",\n \"worksFor\": {\n \"@type\": \"Organization\",\n \"name\": \"Chipkie\",\n \"url\": \"https:\/\/chipkie.com\"\n }\n },\n \"publisher\": {\n \"@type\": \"Organization\",\n \"@id\": \"https:\/\/chipkie.com#organization\",\n \"name\": \"Chipkie\",\n \"url\": \"https:\/\/chipkie.com\",\n \"logo\": {\n \"@type\": \"ImageObject\",\n \"url\": \"https:\/\/chipkie.com\/wp-content\/uploads\/chipkie-logo.png\"\n }\n }\n },\n {\n \"@type\": \"BreadcrumbList\",\n \"itemListElement\": [\n {\n \"@type\": \"ListItem\",\n \"position\": 1,\n \"name\": \"Home\",\n \"item\": \"https:\/\/chipkie.com\/au\/\"\n },\n {\n \"@type\": \"ListItem\",\n \"position\": 2,\n \"name\": \"Family Mortgage Loan: What Lenders Accept 2026\",\n \"item\": \"https:\/\/chipkie.com\/au\/?p=3468\"\n }\n ]\n },\n {\n \"@type\": \"FAQPage\",\n \"mainEntity\": [\n {\n \"@type\": \"Question\",\n \"name\": \"Key Takeaways\\n\\nAustralia has no gift tax and no inheritance tax, so the tax question with family lending is about interest income and deductibility \u2014 not a transfer tax.\\nA family loan only becomes a real mortgage when it is secured by an instrument registered over the title with your state or territory land titles office.\\nIf a bank is also lending, an undisclosed family loan used for the deposit is refused as a source of funds; disclosed, it is assessed as a liability and cuts borrowing capacity.\\nSigning a gift letter or statutory declaration when repayment is actually expected is fraud, not paperwork.\\nAccording to ASIC's MoneySmart, Centrelink gifting limits are $10,000 per financial year and $30,000 over five financial years \u2014 relevant if you later forgive the loan and receive a means-tested payment.\\n\\n\\nWhat is a family mortgage loan, and how is it different from just handing over the cash?\",\n \"acceptedAnswer\": {\n \"@type\": \"Answer\",\n \"text\": \"A family mortgage loan is a written loan from a family member to buy or refinance a home, secured against that property by an instrument registered on the certificate of title. Handing over cash with no document creates an unsecured debt that a court, a bank or the Family Court may later treat as a gift.\"\n }\n },\n {\n \"@type\": \"Question\",\n \"name\": \"Can you actually secure the loan against the property, and how?\",\n \"acceptedAnswer\": {\n \"@type\": \"Answer\",\n \"text\": \"Yes. Australia has no US-style deed of trust; instead, security over land is created under each state's Torrens system by registering a mortgage on title with the relevant land titles office. A caveat is a weaker alternative that warns off later dealings but does not give you the power of sale a registered mortgage does.\"\n }\n },\n {\n \"@type\": \"Question\",\n \"name\": \"What if the money is for a deposit behind a bank loan instead?\",\n \"acceptedAnswer\": {\n \"@type\": \"Answer\",\n \"text\": \"This is the point where most family arrangements quietly break the rules. Australian lenders assess the source of every dollar of deposit, not just your capacity to repay. A repayable family loan used as deposit must be disclosed, and once disclosed it is assessed as a liability against your serviceability \u2014 and some lenders decline it outright.\"\n }\n },\n {\n \"@type\": \"Question\",\n \"name\": \"How do you service an intrafamily home loan properly?\",\n \"acceptedAnswer\": {\n \"@type\": \"Answer\",\n \"text\": \"Treat it exactly as a bank would. Set a written rate and term, run scheduled electronic repayments with a clear reference, keep an amortisation schedule showing principal and interest split, and record the interest as assessable income. Documentation that only exists at the start is documentation that fails.\"\n }\n },\n {\n \"@type\": \"Question\",\n \"name\": \"What happens if a family mortgage borrower stops paying?\",\n \"acceptedAnswer\": {\n \"@type\": \"Answer\",\n \"text\": \"With a registered mortgage, you have real remedies: default notices, and ultimately a power of sale. With nothing in writing, you have a contested debt, a limitation period ticking away under your state's Limitations Act, and a family argument. The security is what converts goodwill into a legal right.\"\n }\n },\n {\n \"@type\": \"Question\",\n \"name\": \"Do we need a solicitor to set up a family mortgage?\",\n \"acceptedAnswer\": {\n \"@type\": \"Answer\",\n \"text\": \"For the loan terms alone, a well-drafted written agreement can be prepared without one. But registering a mortgage over title requires a conveyancer or solicitor to lodge the instrument, and independent legal advice for the borrower is strongly recommended so the arrangement cannot later be attacked as pressured.\"\n }\n },\n {\n \"@type\": \"Question\",\n \"name\": \"Is a family mortgage loan taxed as a gift in Australia?\",\n \"acceptedAnswer\": {\n \"@type\": \"Answer\",\n \"text\": \"No. Australia has no gift tax and no inheritance tax, so transferring money itself triggers no transfer duty. What is taxable is the interest the lender earns, which must be declared as income. Forgiveness has no tax cost but may affect means-tested Centrelink payments.\"\n }\n },\n {\n \"@type\": \"Question\",\n \"name\": \"Can we charge no interest at all?\",\n \"acceptedAnswer\": {\n \"@type\": \"Answer\",\n \"text\": \"Yes \u2014 Australia has no imputed-interest rule forcing a minimum rate on private loans between individuals. A zero-interest loan is legitimate. However, if the borrower wants to claim interest deductions on an investment property, or a company is involved, commercial terms become important.\"\n }\n },\n {\n \"@type\": \"Question\",\n \"name\": \"Will a family mortgage stop our child getting a bank loan later?\",\n \"acceptedAnswer\": {\n \"@type\": \"Answer\",\n \"text\": \"It affects them. Any lender assessing a future application will treat the outstanding family debt as a liability and stress-test repayments against it. Documented, amortising loans with a clear end date are assessed far more favourably than open-ended arrangements with no repayment schedule.\"\n }\n }\n ]\n }\n ]\n}","footnotes":""},"categories":[6,47],"tags":[],"class_list":["post-3468","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-blog","category-financial-guides"],"_links":{"self":[{"href":"https:\/\/chipkie.com\/au\/wp-json\/wp\/v2\/posts\/3468","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/chipkie.com\/au\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/chipkie.com\/au\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/chipkie.com\/au\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/chipkie.com\/au\/wp-json\/wp\/v2\/comments?post=3468"}],"version-history":[{"count":1,"href":"https:\/\/chipkie.com\/au\/wp-json\/wp\/v2\/posts\/3468\/revisions"}],"predecessor-version":[{"id":3469,"href":"https:\/\/chipkie.com\/au\/wp-json\/wp\/v2\/posts\/3468\/revisions\/3469"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/chipkie.com\/au\/wp-json\/wp\/v2\/media\/3467"}],"wp:attachment":[{"href":"https:\/\/chipkie.com\/au\/wp-json\/wp\/v2\/media?parent=3468"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/chipkie.com\/au\/wp-json\/wp\/v2\/categories?post=3468"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/chipkie.com\/au\/wp-json\/wp\/v2\/tags?post=3468"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}