Source: Banking Ombudsman Scheme
12 February 2026 – Partnering with friends or family members can be a great way to get on the property ladder, but it can come with risks, warns the Banking Ombudsman.
Nicola Sladden said a recent dispute investigated by the scheme was a timely reminder for people buying property with others to have a firm understanding of their rights in a partnership.
“Shared financial arrangements can work well when everyone is in agreement about goals and timeframes. But problems can arise when circumstances unexpectedly change,” said Ms Sladden.
“When relationships end, joint accounts, loans and partnerships can become tricky. It’s crucial to understand how your accounts are set up, and what your rights and obligations are. This knowledge can prevent a difficult situation from becoming even more stressful.”
In 2008, Sonia helped her son Nicholas and his wife Laura buy a home. The three formed a partnership to buy the property and jointly borrowed $320,000 from the bank.
When Nicholas and Laura separated in 2023, Sonia and Laura wanted to sell the property, but Nicholas told the bank they were in disagreement about what to do. The bank then refused to act on any instructions from the borrowers until the dispute was resolved. It also refused Sonia’s offer to repay the loan in full so the mortgage could be discharged.
The Banking Ombudsman scheme considered the bank had acted wrongly in refusing to discharge the mortgage. The loan terms allowed any of the three borrowers to repay the loan. Under section 97 of the Property Law Act 2007, a mortgagor has the right to repay a mortgage in full and “redeem” the property. The disagreement between the borrowers did not affect the partnership’s ability to give instructions to the bank because Sonia was able to pass resolutions without the others’ agreement and therefore instruct the bank on the partnership’s behalf.
The bank offered Sonia $10,000 to resolve her complaint, an offer she accepted.
Ms Sladden said the scheme’s guide on relationship breakdowns and banking recommends banking customers:
- Talk openly with your partner about money. Good Shepherd’s Healthy Financial Relationships Toolkit can help. (ref. https://toolkit.goodshepherd.org.nz/courses/healthy-financial-relationships-toolkit/ )
- Discuss in advance how you would divide assets if you separated, and get legal advice if you decide you need formal arrangements.
- Make sure you understand your bank account mandates, and that they match what you and the joint account holder have agreed to.
- Tell your bank if you believe a joint account holder is using the account in a way you have not agreed to. The bank can freeze the account to keep the money safe, and you can open a separate account for yourself in the meantime.