This form is used to request a court order that allows the transfer of a family home without the consent of a spouse. It should be used when one spouse wishes to sell or transfer the family home but cannot obtain the required consent from the other spouse.
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This form is used to request a court order that allows the transfer of a family home without the consent of a spouse. It should be used when one spouse wishes to sell or transfer the family home but cannot obtain the required consent from the other spouse.
Plain English
This form helps you get permission from a court to sell your family home even if your spouse doesn't agree. The court will review your situation and decide if it's okay to proceed with the sale without your spouse's consent.
Submission Date
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Spouse willing to provide consent | Standard conveyance forms | No court order needed | Proceed with normal property sale |
| Divorce proceedings underway | Family law forms | Court may handle property as part of divorce | Consult with family solicitor |
| Property is not family home | Standard property transfer forms | Different legal requirements apply | Check property classification |
| Spouse deceased | Probate forms | Different legal process required | Obtain grant of probate first |
There is no standard deadline, but applications should be submitted as early as possible to allow sufficient time for court processing before your property transaction timeline.
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This form is current and in use as of the latest information available. For the most up-to-date version, check the Courts Service of Ireland website.
Agency: Courts Service of Ireland
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60.12 Order Dispensing With Consent Of Spouse To Conveyance Of Family Home
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6 things to watch for
Confusing this form with standard property conveyance forms
Not understanding that court approval is required before proceeding with sale
Assuming the form alone is sufficient without court process
Misunderstanding the requirement to notify the spouse
Confusing family home with other property types
Not realizing the court may impose conditions on the sale
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