60.10 Order Declaring A Conveyance Void - Family Home Protection Act 1976

What this form is for

• • When a family home was transferred without spousal consent
• • If you believe a property transfer was made to defeat claims on the family home
• • When a conveyance may have been made under duress or improper influence
• • To challenge property transfers made during marriage without proper protection
• • If a property transfer may have been fraudulent regarding family home rights

Use this form or another form?

Deadline or filing window

There is typically a 12-month time limit from when you became aware of the potentially improper transfer to apply for the order, though this may vary based on circumstances.

Before you submit

• • Complete all sections of the form
• • Include property address and folio details
• • Provide dates of the conveyance being challenged
• • Attach evidence of ownership or interest in the property
• • Include details of any attempts to resolve the matter
• • Verify all personal details are correct
• • Check that the correct court is identified

How to file this form

1. 1Obtain the correct form from the Courts Service website or court office
2. 2Complete the form with all required information
3. 3Gather supporting documentation
4. 4File the form with the appropriate court office
5. 5Pay any required court fees
6. 6Ensure all parties to the conveyance are properly notified
7. 7Attend any required court hearings

Known limitations

• • This form cannot be used to challenge transfers made more than 12 months after you became aware of them
• • It may not apply to transfers made before marriage
• • The form is specific to family home protection and may not cover other property disputes
• • Court approval is not guaranteed even if the form is completed correctly
• • The process may be complex if multiple parties are involved in the transfer