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Can my ex remortgage without my consent?

Answered on 17 October 2017

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My hubby and I have separated. I still live in our home with our son. He pays mortgage but I am not on mortgage. He is currently looking at remortgaging. Can he do this and can I ask to go on the mortgage?

Answered by: Nicholas Mendes

As your hsuband is the sole borrower, then yes he can look at remortgaging, however as a ‘named occupier’ you would have to sign a form to say that you know there’s a mortgage on the property. You can also ask to be added to the mortgage. You should speak to your solicitor straight away to get a fuller picture of what your options are, as by remortgaging your husband may be withdrawing equity from the property that may be yours.

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Ask The Mortgage Experts answers are based on the information provided and do not constitute advice under the Financial Services & Markets Act. They reflect the personal views of the authors and do not necessarily represent the views, positions, strategies or opinions of John Charcol. All comments are made in good faith, and John Charcol will not accept liability for them. We recommend you seek professional advice with regard to any of these topics where appropriate.

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