09/15/2026
Gifts received from a third party during your marriage are generally excluded from your net family property division upon separation, as long as you keep them separate and traceable. However, if you use gifted money to buy, pay off, or improve your family home or cottage, the exclusion is lost and the value is shared.
In one example, parents contribute a sum of money toward the down payment on a home. The parents may assume their contribution was protected simply because the mortgage broker documented it as a gift, and buyers assume a 70/30 down payment split would translate into a 70/30 split later. Neither assumption is correct. Without a prenup, the Family Law Act’s equalization scheme governs and it does not care whose parents wrote the cheque.
When an agent hears “my parents are helping with the down payment,” that is the moment to suggest the buyers speak to a lawyer. It takes one sentence and it can preserve six figures, and good relations with two future clients: the buyer and their parents.