Changing mortgage (tracker to fixed) with permission from joint owner - consequences?

[Nearlyalldone]

Hi there,

My ex and I separated (divorce in progress) over 2yrs ago and we are joint owners of a mortgaged house (he moved out, I live in the house with the children).

The mortgage is a life-long tracker which was a great deal before the cost of living crisis occurred, but not so much anymore(!). I’ve seen a 10yr fixed rate mortgage with the same lender which is over 2% less than the current tracker rate for the mortgage. I want to switch from the current tracker to the fixed rate but it says I need permission from my ex to do this.

The issue with this is that my ex is very volatile and controlling. He was abusive (physically and emotionally) to me during our marriage. I currently have a Women’s Aid domestic violence support worker to support be as I frequently experience post-separation abuse from him. I keep communications with him very limited and only discuss matters regarding the children via text- message using the ‘grey rock’ method.

He is particularly resentful about me living in the matrimonial home but has taken no steps towards arranging a financial settlement since he left over 2yrs ago (we’re up to the Decree Nisi stage of our divorce). I’m worried about asking for his permission to fix the mortgage as I’m worried that it will set him off (since our separation, I’ve received a barrage of abusive and threatening texts from him whenever he gets angry about something).

What would be the consequence if I simply fixed the mortgage online without his permission? There are no details that I can find which explains what would happen if I didn’t get permission to fix the mortgage. To be clear, I’m not planning on borrowing more money or extending the length of the mortgage. Simply just changing from a tracker to a fixed mortgage to make it more affordable.

Thanks

I don’t think it is a good idea tbh. At some point you need to pay out his share of the property and / or take on the mortgage or sell. Surely this needs to be the next step. Not getting a 10 year fixed deal in his name. It’s an overstep to sign him up to this and it might come back to haunt you.

Oh in terms of what you would do wrong, you would apply for a product in his name and that would be fraud.

If the mortgage is in joint names he will need to sign it.

You are mid-divorce, what is happening with the house? Are you going to be able to buy him out? If you sell it within the 10 years you will BOTH be liable for the early repayment fees if the mortgage is in joint names. I can understand him not wanting to sign up for a 10 year deal if the house is likely to be sold.

My ex was very controlling and was still in the fmh for 4 years after we separated (and I moved out with the kids). He tried to take me to court to force me to sign a fixed rate deal while refusing to engage with the financial separation of the divorce, and it was laughed at by my solicitor. You're on a hiding to nowhere op, no wonder he's refusing to sign up for another 10 years!

Finish the divorce, separate the house stuff and sort your own finances once you're done.