Yes – if your husband is the sole borrower (and the property and mortgage are only in his name), he can usually apply to remortgage without needing your permission.
But because you live there with your son, there are still important safeguards and practical steps you should take.
Can he remortgage while I’m living in the property?
Often, yes. Most lenders will still proceed, but they will normally require you to be disclosed as an adult occupier and to sign an occupier consent / waiver form.
That form is there to confirm you understand there will be a mortgage on the property and that, if the lender ever had to repossess, your right to remain in the property doesn’t override the lender’s charge.
It doesn’t make you responsible for the mortgage. It’s about the lender protecting their security.
Can he remortgage and release equity?
Potentially, yes -and this is the part that can matter most in a separation.
If he remortgages to raise extra money, that can reduce the equity in the home. Depending on your marital/financial arrangements, that equity may not be “his” alone in the wider sense, even if you’re not on the mortgage.
That’s why it’s important not to treat this as purely a mortgage admin issue. It can have real consequences in a separation.
Can you ask to go on the mortgage?
You can ask, but it’s not something you can insist on.
To add you to the mortgage, the lender will treat it like a new application and assess affordability, credit history, and the overall case. If accepted, it’s usually done via a transfer of equity (because it often involves changing ownership as well).
A couple of practical points:
- Being added to the mortgage usually means you become jointly liable for the full debt, not just “your half”.
- If you’re not also being added to the title deeds, you should get legal advice, because mortgage liability without ownership is rarely a good outcome.
The big missing piece: are you on the title deeds?
You said you’re not on the mortgage, but it’s not clear whether you’re on the title deeds.
That changes everything.
- If you are on the deeds: he cannot generally remortgage without your involvement, because you’d need to sign the mortgage deed / legal charge.
- If you are not on the deeds: he can usually remortgage, but you may still have matrimonial rights or a beneficial interest, and you should get advice quickly.
What you should do next
- Check the title register (or ask your solicitor) to confirm who is on the deeds.
- If you’re separating, speak to a family solicitor straight away, particularly if he is planning to raise additional borrowing.
- If you’re asked to sign an occupier consent form, don’t do it blindly – ask what the remortgage is for (straight rate switch vs borrowing more).
Related Articles
- Divorce and Mortgage Guide
- Can I Get a New Joint Mortgage Even Though I’m Still on the Joint One with My Ex-Wife?
- Can I remortgage without my partner’s consent?
- Can My Ex-Partner Remove My Name from the Mortgage Without My Permission?
- After separation, am I classed as a First Time Buyer again for mortgage purposes?
- I’m About to Get Divorced. Can I Get a Mortgage Using the Maintenance Payments?
- Ex-Partner on Old Mortgage, We Want a New One
- What Can I Do if My Ex-Partner Stops Paying Their Share of the Mortgage After Separating?
- What happens to my mortgage after getting a divorce?
- Will my ex-wife have any claim on my new home?
- Video: Mortgages and Divorce
