60.7 Order Under Section 9 (5) - Family Home Protection Act 1976
This form is used to apply for an order under Section 9(5) of the Family Home Protection Act 1976, which protects the family home from being sold or mortgaged without proper consent. Use this form when seeking legal protection for a family home in situations where one spouse may attempt to dispose of the property without the other's agreement.
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60.7 Order Under Section 9 (5) - Family Home Protection Act 1976
This form is used to apply for an order under Section 9(5) of the Family Home Protection Act 1976, which protects the family home from being sold or mortgaged without proper consent. Use this form when seeking legal protection for a family home in situations where one spouse may attempt to dispose of the property without the other's agreement.
Risk Radar
- Ensure all property details are exact and match official records to prevent form rejection.
- Incorrect property details may lead to court rejection
- Missing spouse information can delay processing
- Failure to include proper documentation
- Incorrect court submission may result in dismissal
Plain English
This form helps protect your family home if one spouse wants to sell or mortgage it without the other's permission. It's a legal document that requires court approval before any such transaction can proceed, ensuring both spouses have a say in decisions about their shared home.
Submission Date
- There is no strict deadline for submitting this form, but it should be filed as soon as possible after becoming aware of a potential unauthorized property transaction to maximize protection.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
What this form is for
- • Use when one spouse wants to sell the family home without the other's consent
- • Use when one spouse wants to mortgage the family home without the other's consent
- • Use when there's a dispute about property ownership or rights
- • Use when protecting your financial interest in the family home
- • Do not use for unmarried couples or cohabiting arrangements
- • Do not use for commercial property disputes
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Divorce proceedings | Form 60.1 - Application for Judicial Separation | Different legal process with different requirements | Check if divorce proceedings are already underway |
| Property disputes between unmarried partners | No specific form, use civil proceedings | Different legal protections apply | Verify relationship status before proceeding |
| Mortgage difficulties | Form 60.4 - Application for Variation of Mortgage Terms | Focuses on mortgage terms rather than property sale prevention | Confirm whether issue is mortgage terms or property sale |
| Inheritance disputes | Form 60.5 - Application under Succession Act | Different legal framework for inheritance matters | Determine if inheritance rights are the primary concern |
| Commercial property transactions | No specific form, use standard conveyancing procedures | Different legal protections and requirements | Verify property classification before proceeding |
Deadline or filing window
There is no strict deadline for submitting this form, but it should be filed as soon as possible after becoming aware of a potential unauthorized property transaction to maximize protection.
Before you submit
- • Verify all property details match official records
- • Confirm both spouses' personal information is accurate
- • Include marriage certificate or proof of marriage
- • Attach property title documents if available
- • Check current court fee requirements
- • Ensure form is signed by the applicant
- • Verify correct court jurisdiction for your case
- • Prepare copies for all parties involved
- • Check if digital submission is available and preferred
- • Confirm contact information for court notifications
How to file this form
- 1Obtain the official Form 60.7 from the Courts Service website or local court office
- 2Complete all sections with accurate information about the property and parties
- 3Gather supporting documentation including marriage certificate and property details
- 4Determine the appropriate court jurisdiction based on property value and location
- 5Submit the completed form to the court with the required fee
- 6Attend any preliminary hearings as scheduled by the court
- 7Await the court's decision and any further instructions
Known limitations
- • This form only applies to legally married couples, not unmarried partners
- • The form cannot be used to prevent court-ordered sales in certain circumstances
- • Protection may not apply if proper consent was already obtained
- • Court approval is not guaranteed and depends on individual circumstances
- • The form does not address financial settlements beyond property protection
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✦ Open in AI EditorCurrent Form Status
This form is current and in use as of 2023, though court procedures may have been updated to accommodate digital submissions during the pandemic.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Form may have been updated to include digital submission options
- • Court fee structure may have changed since last version
- • Supporting documentation requirements may have been updated
- • Contact information for court offices may have changed
- • Processing times may have been affected by court backlogs
- • Legal requirements may have been amended by recent legislation
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Family Law Forms
- Source
- Court Forms ↗
- Revision Date
- 23/10/25
Downloads
60.7 Order Under Section 9 (5) - Family Home Protection Act 1976
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After you file
- • Keep copies of all submitted documents for your records
- • Monitor court communications for hearing dates
- • Prepare for potential court hearings with legal representation if needed
- • Follow up with the court if you haven't received acknowledgment within reasonable time
- • Document any unauthorized property attempts that occur after filing
- • Be prepared to comply with any court orders or additional requirements
Source and verification log
- • Form number and name confirmed from Courts Service of Ireland
- • Purpose inferred from Family Home Protection Act 1976
- • Submission process based on standard Irish court procedures
- • Court jurisdiction requirements based on property value standards
- • Documentation requirements based on standard Irish legal practice
- • Processing times not confirmed in official source
- • Digital submission availability not confirmed in official source
- • Current court fee structure not confirmed in official source
Common confusion points
8 things to watch for
- 1
Many people confuse this form with divorce or separation proceedings
- 2
Uncertainty about which court has jurisdiction over the case
- 3
Confusion about whether both spouses need to sign the form
- 4
Misunderstanding about what constitutes proper consent
- 5
Difficulty determining if the form applies to their specific situation
- 6
Confusion about the difference between this form and standard property transfer forms
- 7
Uncertainty about required supporting documentation
- 8
Misunderstanding about court fees and payment methods
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