By The Chipkie Team, Personal Finance Editorial Team · Last updated 30 August 2026
Lending money to a relative is one thing. Lending it with proper security behind it is another entirely. A secured family loan — money advanced to a family member and backed by a legal charge over property, a vehicle or another asset — is increasingly common in the UK as parents help children onto the housing ladder, siblings fund business ventures, and grandparents bridge care costs. Done properly, it protects the lender, clarifies the borrower’s obligations, and survives divorce, death and disputes. Done on a handshake, it usually does not.
This guide sets out how security actually works under English and Welsh law, where lenders and HMRC draw their lines, and the traps that catch well-meaning families every year.
Key Takeaways
- Security only bites if it is registered — an unregistered promise over a house gives you contractual rights, not priority over other creditors.
- Obligations contained in a deed carry a 12-year limitation period under the Limitation Act 1980, compared with six years for an ordinary written contract.
- A loan is not a gift: it stays in the lender’s estate for inheritance tax purposes and does not start the seven-year clock. HMRC’s nil-rate band is £325,000 and remains frozen.
- Money borrowed from family and secured against the property being purchased is generally unacceptable to mortgage lenders as a deposit source, and must always be disclosed.
- Without contemporaneous written evidence, courts in divorce and probate proceedings frequently treat family advances as gifts rather than debts.
What exactly is a secured family loan, and how does it differ from a gift?
A secured family loan is a genuine debt: a sum advanced on agreed repayment terms, with a legal charge registered over an identified asset so the lender can recover the money if the borrower defaults. A gift transfers ownership outright with no repayment obligation. The distinction drives tax, divorce outcomes and enforceability.
The practical differences matter enormously:
| Feature | Loan (secured) | Gift |
|---|---|---|
| Repayment | Legally enforceable | None |
| Lender’s estate on death | Outstanding balance is an asset of the estate | Falls out of estate after seven years |
| Seven-year rule | Does not apply | Applies; taper relief between years three and seven reduces the tax due, not the value of the gift |
| Divorce exposure | Treated as a liability if properly evidenced | Usually treated as part of the recipient’s resources |
| Priority over other creditors | Yes, once the charge is registered | Not applicable |
Note the tax consequence people miss: because a loan is not a transfer of value, it never leaves your estate. If you later decide to write it off, that release is a gift at that moment — and the seven-year clock starts then, not when the money left your account. Small sums can be handled differently: HMRC allows an annual gift exemption of £3,000 per tax year, with one unused prior year available to carry forward, plus a separate small gifts exemption of £250 per recipient per tax year where no other exemption has been used for that person.
How do you register a second charge over a family member’s property?
You register a legal charge at HM Land Registry against the borrower’s title. Until registration completes, you hold only an equitable interest that ranks behind registered lenders. If there is an existing mortgage, the first lender’s written consent is normally required, and their consent is not guaranteed.
The sequence our users most commonly follow:
- Check the title. Obtain the official copies from HM Land Registry to identify existing charges and any restrictions.
- Seek the first lender’s consent. Most mortgage deeds prohibit further charges without permission.
- Execute a loan agreement as a deed, setting out the advance, interest, repayment schedule, default events and what triggers enforcement.
- Execute the legal charge in Land Registry’s prescribed form, properly witnessed.
- Apply to register the charge so a properly protected, registered second mortgage in favour of the family lender appears on the title.
- Ensure the borrower takes independent legal advice. Following Royal Bank of Scotland v Etridge (No 2), security taken within a family relationship is vulnerable to challenge on grounds of undue influence where the borrower had no separate advice.
Where the security is a vehicle rather than a home, the mechanics differ again — see our guide to setting up a secured family car loan in the UK.
Can this money be used as a mortgage deposit?
Usually not, if it is secured against the property being bought. Mainstream UK lenders require the deposit to come from the buyer’s own savings or a genuine, non-repayable gift. A borrowed deposit charged over the same property will typically be refused outright, because it removes the buyer’s real equity stake.
This is the single most consequential point in the whole subject, and it splits into two questions lenders ask separately:
- Is the money an acceptable source? A repayable loan from a relative is generally not an acceptable deposit source. Some lenders will consider it on a case-by-case basis; many will decline immediately.
- Does it affect affordability? Even where accepted, the repayments count as committed expenditure and reduce how much the buyer can borrow.
On gifted deposit letters. UK lenders generally require a signed letter confirming that the money is a gift and that the giver retains no interest in the property. That letter is false if the money is in fact repayable, if there is a side agreement to repay it, or if the “giver” expects a share of the sale proceeds. Signing it in those circumstances is mortgage fraud, and lenders treat undisclosed borrowed deposits as exactly that — with consequences including immediate loan recall, criminal referral under the Fraud Act 2006, and a permanent lending record. If money is genuinely a loan, disclose it. Our guide to a family mortgage loan sets out the honest routes available.
How is a family loan treated in a divorce settlement?
The family court distinguishes between “hard” obligations and “soft” ones. A documented, secured advance with a repayment schedule and evidence of repayments is far more likely to be counted as a genuine liability. An undocumented transfer from parents to a married child is routinely treated as a gift or a soft loan and effectively ignored.
The gift or loan presumption problem is where families lose money. In our experience across the agreements our users create, the deciding factors are consistently:
- Was there a written agreement dated at or before the advance?
- Was interest charged, and were repayments actually made and recorded?
- Was security registered, or was the debt merely asserted after the marriage broke down?
- Did the lender ever demand repayment before the proceedings began?
A registered charge is compelling evidence, because nobody registers security over a gift. If you are relying on recollection alone, read our guide on proving a verbal family loan in court — it is a difficult and expensive road.
Do I need FCA authorisation to make a loan secured on a home?
Generally no. Regulated mortgage lending under the Financial Conduct Authority regime applies to lending carried out by way of business. A genuine one-off advance between family members is not normally regulated. If you lend repeatedly and commercially, take advice, because the position changes.
Do I pay tax on the interest I receive?
Interest received is taxable savings income and must be declared to HMRC. Allowances may cover some or all of it depending on your other income, so check the current thresholds. The capital repaid is not income and is not taxed. Charging no interest is permitted between individuals.
What happens to the debt if the lender dies before repayment?
The outstanding balance forms part of the lender’s estate and is valued for inheritance tax. Executors can enforce it, including against the security. If you intend the debt to be forgiven on death, say so expressly in your will — otherwise your executors have a duty to collect it from your relative.
Should the agreement be a deed or a simple contract?
A deed. Under the Limitation Act 1980, obligations in a deed carry a 12-year limitation period, against six years for a standard contract. A deed also removes any argument about consideration, which matters in family arrangements where the lender receives nothing in return but repayment.
What should you do next?
Get the paperwork right before the money moves, not afterwards. Agree the amount, the interest, the repayment dates, what counts as default, and exactly which asset secures the debt. Then execute it as a deed, register any charge, and keep the repayment records. Free, impartial background reading is available from MoneyHelper.
Families rarely fall out over money they have written down. If you are ready to formalise the arrangement, you can create a clear, legally structured family loan agreement in minutes with Chipkie — so the terms are recorded, the repayments are tracked, and everyone knows precisely where they stand.
Disclaimer: The information provided in this article is for informational purposes only and should not be considered financial or legal advice. Property and lending laws in the United Kingdom vary and may change over time. We always recommend consulting with a qualified solicitor and mortgage broker before entering into a property purchase or financial arrangement with another party.
