This form is an application to the court to waive the requirement for a spouse's consent when transferring ownership of a family home. It is used when one spouse wishes to convey the family home without the other spouse's agreement.
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This form is an application to the court to waive the requirement for a spouse's consent when transferring ownership of a family home. It is used when one spouse wishes to convey the family home without the other spouse's agreement.
Plain English
If you want to sell or transfer your family home but your spouse won't agree, you can ask the court for permission to go ahead without their consent. This form explains your situation to the judge and asks them to override the usual requirement for both spouses to agree to such transfers.
Submission Date
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Selling a non-family property | Form 60.12 or other conveyance forms | Different property types have different requirements | Check if the property qualifies as a family home |
| Divorce proceedings | Family law forms | Different legal process with different requirements | Consider if divorce proceedings are already underway |
| Separation agreement | Family law forms | Different process for formalizing separation | Check if a separation agreement already addresses property matters |
| Business property transfer | Commercial property forms | Different legal requirements for business assets | Confirm if the property is used for business purposes |
| Inheritance of family home | Probate forms | Different process for transferring property after death | Verify if the transfer is due to inheritance |
There is no specific deadline for filing this form, but it should be submitted well in advance of any planned property transaction to allow time for court processing.
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This form is current as of the information provided, but always check the Courts Service website for the latest version before use.
Agency: Courts Service of Ireland
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60.11 Application To Dispense With Consent Of Spouse To Conveyance Of Family Home
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8 things to watch for
Difference between family home and other property types
When spousal consent is legally required
How to properly notify the other spouse
What constitutes valid reasons for dispensing with consent
Which court has jurisdiction for the application
How court fees are calculated and paid
Whether legal representation is required
Timeframe for court processing and decision
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