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60.17  Order For The Protection Of Family Home In The Interest Of The Spouse Or Dependent Child - Family Home Protection Act, 1976 Section 5(1)

This form is a court application under the Family Home Protection Act, 1976 to prevent the sale or disposal of the family home without proper consent. Use it when you need legal protection for your right to occupy or prevent unauthorized sale of the family home.

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Form Overview

60.17  Order For The Protection Of Family Home In The Interest Of The Spouse Or Dependent Child - Family Home Protection Act, 1976 Section 5(1)

This form is a court application under the Family Home Protection Act, 1976 to prevent the sale or disposal of the family home without proper consent. Use it when you need legal protection for your right to occupy or prevent unauthorized sale of the family home.

This form captures information about the family home, the parties involved, and the reasons why protection is needed under the Family Home Protection Act.

Risk Radar

  • The most common mistake is not providing complete and accurate information about the family home and ownership details.
  • Incomplete form information
  • Missing supporting documentation
  • Incorrect court jurisdiction
  • Failure to properly notify all parties

Plain English

This form helps protect your family home from being sold or transferred without your agreement. If you're married or have dependent children living at home, this legal tool can stop one person from selling the property without the other's permission.

Submission Date

  • There's no strict deadline, but this form should be filed as soon as you become aware of potential unauthorized sale or disposal of the family home to prevent the sale from proceeding.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

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What this form is for

  • Use when preventing unauthorized sale of family home by spouse
  • Use when protecting rights of dependent children to family home
  • Use when one spouse seeks to prevent disposal without consent
  • Use when there's a dispute over family home ownership
  • Use when seeking court protection for occupancy rights

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Divorce proceedingsForm 60.10 (Judicial Separation)Handles broader relationship issuesCheck if divorce/separation is already in process
Property disputesForm 60.18 (Partition Proceedings)Divides property ownershipCheck if property division is the main issue
Inheritance concernsForm 60.22 (Inheritance Act applications)Addresses inheritance rightsCheck if inheritance disputes are involved
Domestic violenceForm 65 (Safety Order)Provides immediate protectionCheck if safety concerns are urgent

Deadline or filing window

There's no strict deadline, but this form should be filed as soon as you become aware of potential unauthorized sale or disposal of the family home to prevent the sale from proceeding.

Before you submit

  • All property details accurately completed
  • Marriage or relationship status clearly stated
  • Dependent children information provided if applicable
  • Supporting documents attached
  • Court fee payment included
  • Correct court jurisdiction identified
  • All parties properly notified of the application

How to file this form

  1. 1Obtain the current Form 60.17 from the Courts Service
  2. 2Complete all sections with accurate information
  3. 3Gather supporting documentation (proof of ownership, marriage certificate, etc.)
  4. 4Determine the appropriate court (Circuit or High Court)
  5. 5File the completed form with the court
  6. 6Pay the required court fee
  7. 7Ensure all parties are properly notified of the application

Known limitations

  • This form only applies to family homes, not other property types
  • Protection is limited to spouses and dependent children
  • The form doesn't address financial settlements beyond property protection
  • It doesn't prevent all types of property transactions, only unauthorized sales
  • The court may deny protection if it's not in the best interest of dependent children

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Current Form Status

This form is currently in use as part of the Family Home Protection Act, 1976, which remains active Irish legislation. No recent changes have been confirmed for this specific form.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Verify current edition of Form 60.17 from Courts Service website
  • Check for any amendments to Family Home Protection Act since last update
  • Confirm court fee requirements haven't changed
  • Ensure contact information for courts service is current
  • Validate that required supporting documentation hasn't changed

Quick Facts

A spouse or dependent child who needs protection from the unauthorized sale or disposal of the family home can file this form.
This form captures information about the family home, the parties involved, and the reasons why protection is needed under the Family Home Protection Act.
Submit this form when you become aware that your spouse intends to sell or dispose of the family home without your consent, or when you need legal protection for your right to occupy the family home.
Submit this form to the Circuit Court or High Court in Ireland, depending on the value of the property and specific circumstances. You can file it in person at the court office or through a legal representative.
Submitting correctly matters because errors could result in delays in getting protection, potentially allowing the sale of the family home to proceed without your consent.
Complete the form by filling in all required details about the property and parties involved. Attach any relevant supporting documents like proof of ownership or marriage certificate. File the form with the appropriate court and ensure all parties are properly notified.

Form Details

Agency
Courts Service of Ireland
Revision Date
23/10/25

60.17  Order For The Protection Of Family Home In The Interest Of The Spouse Or Dependent Child - Family Home Protection Act, 1976 Section 5(1)

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After you file

  • Wait for court date for hearing
  • Attend any required court hearings
  • Monitor for any unauthorized property transactions
  • Keep copies of all filed documents
  • Follow up with court if you don't receive acknowledgment
  • Seek legal advice if the application is contested

Source and verification log

  • Form issued by Courts Service of Ireland
  • Based on Family Home Protection Act, 1976 Section 5(1)
  • Available through Irish Courts Service website
  • Not confirmed in official source: current court fees
  • Not confirmed in official source: processing timeframes
  • Not confirmed in official source: required supporting documents
  • Not confirmed in official source: recent form updates

Common confusion points

7 things to watch for

  • 1

    Confusing this form with divorce-related property orders

  • 2

    Not understanding the difference between Circuit Court and High Court jurisdiction

  • 3

    Misinterpreting who qualifies as a 'dependent child' under the Act

  • 4

    Assuming the form stops all property transactions, not just unauthorized sales

  • 5

    Not realizing both spouses can apply for protection

  • 6

    Confusing this with inheritance rights under different legislation

  • 7

    Not understanding the time limits for applying after becoming aware of potential sale

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