© Anne E. Freed, January 2026
Dear Readers,
Firstly, I want to wish you all a Happy and Healthy New Year. Today I am discussing a subject that has become a topic of concern among many Baby Boomers: gifts to their married Millennial children.
It is well known that – in today’s economy – young peoples’ dreams of home ownership have become – for many – unaffordable.
Many parents want to help their children’s dreams of home ownership by helping them with the down payment on their first home. These parents, also, want to protect their gift.
A typical scenario:
Harry and Sally’s daughter Chloe has recently married Joe. Chloe tells her parents that they’ve seen a home that they wish to purchase. The price is reasonable, but unaffordable to the young couple. (Note this is a hypothetical scenario, and not an actual one).
Chloe’s mother Sally recently received a $250,000 inheritance and wants to gift this to Chloe to help with the down payment on the home.
Sally wants to protect her gift to her daughter so that – if at some point Chloe and Joe’s marriage does not work out – Chloe will retain this gift as her own.
Harry and Sally are well aware of the statistics that 50% of marriages fail, and they want to ensure that their gift to their daughter is protected. So how do they do this? They consult with a lawyer. The lawyer tells them that the matrimonial home – in the event of a separation – is shared equally between the husband and wife. Therefore, if Chloe and Joe separate, each shall share 50% of the equity of the home, and there will be no return to Chloe of the $250,000 down payment which had been gifted by her parents when Chloe and Joe purchased the home.
One important way, among other essential ways to protect their gift, is by the negotiation and preparation of a MARRIAGE CONTRACT between Chloe and Joe This must be negotiated and prepared to take Sally’s gift out of Ontario’s shared law regime regarding matrimonial homes.
This Marriage Contract must be “iron clad” so as to effectively exclude Chloe’s and Joe’s legal obligations to each other regarding the matrimonial home, and also, so that it stands the test of time.
Harry and Sally are worried that their daughter Chloe, a millennial, will reject such proposal as it’s not “millennial friendly”. They do not want to alienate Chloe or Joe. A process that can be more friendly to the young couple, is that the terms of the Marriage Contract are negotiated between Chloe and Joe with the assistance of a Mediator, in a Mediation Process.
The Mediator must understand that there is more to this than simply the law. The Mediator must also be attuned to the important underlying emotional aspects of this work, in order to help the parties negotiate a Marriage Contract between Chloe and Joe that they will feel fair and that they will be able to live with. (See also my blog on “Family Law is 90% Emotional and 10% Law”).
The parties should choose their mediator, and /or their lawyers if they choose that route, wisely, as not all lawyers and mediators – just as not all doctors – are the same.
If you are parents in this situation, feel free to contact me to inquire about my services as a Mediator, or as a Family Law Lawyer.
Until next time!
Anne
© Anne E. Freed, January 2026
416-368-0700
Anne Freed holds a BA (Honours Sociology), JD (Juris Doctor, Law Degree), Master of Laws Degree (LL.M.) in Alternative Dispute Resolution (ADR), Advanced Training in Mediation, Arbitration and Collaborative Practice, Certification in Collaborative Practice, as well as over 38 years’ experience in the practice of Family Law, Mediation and Arbitration. Anne is also a Certified Specialist in Family Mediation (FDRP Med) and an OAFM Accredited Family Mediator (AccFM).
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