60.5  Summons - Family Home Protection Act 1976 Section 9(4)

What this form is for

• • Use this form when seeking to prevent the sale of the family home without your consent
• • Use when one spouse wants to protect their interest in jointly owned property
• • Use when a spouse has concerns about unauthorized mortgage applications
• • Use when you need court intervention to preserve your rights in the family home
• • Not for use in separation or divorce proceedings - those have different forms

Use this form or another form?

Deadline or filing window

There is no statutory deadline, but this form should be filed as soon as you become aware of potential actions that could affect your rights to the family home.

Before you submit

• • Complete all sections of the form accurately
• • Include full property address and description
• • Provide both spouses' details including Personal Public Service (PPS) numbers
• • Specify exact relief being sought from the court
• • Calculate and include correct court fee
• • Have the form properly witnessed
• • Prepare copies for all parties involved

How to file this form

1. 1Obtain the correct form from the Courts Service website or court office
2. 2Complete all sections with accurate information about the property and parties
3. 3Prepare supporting documents showing ownership and interest in the property
4. 4Calculate and pay the required court fee
5. 5Submit the completed form to the appropriate court office
6. 6Ensure the other spouse is properly served with the summons
7. 7Attend any required court hearings

Known limitations

• • This form only applies to family homes, not investment properties
• • Protection is limited to spouses and civil partners, not other family members
• • Does not address issues of domestic violence - separate protections exist
• • Cannot be used to prevent court-ordered sales in certain circumstances
• • Does not automatically stop proceedings - requires court action