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60.12  Order Dispensing With Consent Of Spouse To Conveyance Of Family Home

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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Form Overview

60.12  Order Dispensing With Consent Of Spouse To Conveyance Of Family Home

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.

This form captures information about the property, the marriage, the reasons why consent cannot be obtained, and details about the proposed conveyance.

Risk Radar

  • Always ensure your spouse has been properly notified of the application, as failure to do so can invalidate the entire process.
  • Incomplete form information leading to delays
  • Failure to properly notify the spouse
  • Insufficient documentation to support the application
  • Court may refuse the application without proper grounds

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

  • 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.
  • 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

  • When selling a family home and one spouse cannot provide consent
  • When transferring ownership of a family home without spousal consent
  • In cases of marital separation where one spouse is uncooperative
  • When dealing with property owned jointly by married couples
  • For situations where a spouse is missing or incapacitated

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Spouse willing to provide consentStandard conveyance formsNo court order neededProceed with normal property sale
Divorce proceedings underwayFamily law formsCourt may handle property as part of divorceConsult with family solicitor
Property is not family homeStandard property transfer formsDifferent legal requirements applyCheck property classification
Spouse deceasedProbate formsDifferent legal process requiredObtain grant of probate first

Deadline or filing window

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.

Before you submit

  • Form is fully completed and signed
  • All required supporting documents are included
  • Court fees are paid or exemption claimed
  • Spouse has been properly notified
  • Property details are accurate and complete
  • Reason for dispensing with consent is clearly stated

How to file this form

  1. 1Obtain the official form from the Courts Service of Ireland
  2. 2Complete all sections with accurate information
  3. 3Gather necessary supporting documents
  4. 4Pay the required court fee or apply for exemption
  5. 5File the form with the appropriate court office
  6. 6Ensure proper notification of the spouse
  7. 7Wait for court decision before proceeding with property conveyance

Known limitations

  • The court may refuse the application if not properly justified
  • This form does not replace the need for proper conveyance procedures
  • The order may include conditions that must be followed
  • The process does not automatically resolve other family law issues
  • The court may require additional information or hearings

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Current Form Status

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

What changed or needs a fresh check

  • Check if the form has been updated recently
  • Verify current court fees required
  • Confirm acceptable supporting documents
  • Ensure notification requirements haven't changed
  • Check if online submission is now available

Quick Facts

The spouse who wishes to sell or transfer the family home but cannot obtain consent from the other spouse needs to file this form.
This form captures information about the property, the marriage, the reasons why consent cannot be obtained, and details about the proposed conveyance.
This form should be submitted when you need to proceed with the sale or transfer of a family home but cannot obtain the consent of your spouse.
The form should be submitted to the relevant court office of the Courts Service of Ireland, either in person, by post, or potentially through an online portal if available.
Submitting correctly matters because an error could delay the court process or result in the order being rejected, potentially jeopardizing your property transaction timeline.
Complete the form with accurate information about the property and your marriage. Attach any supporting documents like property deeds or marriage certificate. File the form with the appropriate court office and await the court's decision before proceeding with the property conveyance.

Form Details

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

60.12  Order Dispensing With Consent Of Spouse To Conveyance Of Family Home

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After you file

  • Keep track of court dates and communications
  • Await the court's decision
  • Once order is received, proceed with property conveyance
  • Ensure all parties involved receive a copy of the order
  • Maintain records of the entire process for future reference
  • Consider consulting with a solicitor for conveyance after obtaining the order

Source and verification log

  • Form issued by Courts Service of Ireland
  • Form number: 60.12
  • Purpose: To obtain court order for family home conveyance without spousal consent
  • Not confirmed in official source: Current processing time
  • Not confirmed in official source: Exact court fee amount
  • Not confirmed in official source: Whether online submission is available
  • Not confirmed in official source: Specific documentation requirements beyond what's on form

Common confusion points

6 things to watch for

  • 1

    Confusing this form with standard property conveyance forms

  • 2

    Not understanding that court approval is required before proceeding with sale

  • 3

    Assuming the form alone is sufficient without court process

  • 4

    Misunderstanding the requirement to notify the spouse

  • 5

    Confusing family home with other property types

  • 6

    Not realizing the court may impose conditions on the sale

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