I am in the process of divorcing my husband after he stole money from me, and currently find myself stuck in an impasse in relation to our mortgage.
My ex admitted to stealing from our joint business account and personal accounts, and was found guilty of fraud by abuse of position.
Years earlier, we bought a cottage via a joint mortgage with a building society, initially on a five-year fixed deal. In 2016 we remortgaged to another five-year fixed deal.
Although the mortgage remains in joint names, my husband has failed to contribute to the mortgage or the property's upkeep since 2017.
As the fixed-term mortgage is about to come to an end, I would like to remortgage.
If I went on to the lenders' standard variable rate, my monthly payments would increase by around £300 per month which I cannot afford on my own.
The building society has said that, as it is a joint mortgage, they require agreement from my ex-husband to permit the mortgage change.
He will not engage with my requests, which I believe is a classic example of economic abuse.
As a short-term measure, the lender has agreed to transfer the mortgage to a two-year interest-only deal, which will keep my payments around the same as they are now.
But this situation will come up again when that term ends, if my husband still refuses to co-operate - and the fact still remains that I am paying the entire mortgage on a home that he jointly owns.
When I have spoken to economic abuse charities, they have said that lenders are able to make changes to a mortgage without the consent of both parties.
Please can you advise what I can do?
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Mark Heptinstall, partner and head of family law at Slater Heelis solicitors, replies: The court's powers in this regard can be found in the Matrimonial Causes Act 1973.
It should be noted that the court cannot force the lender to give the reader a payment holiday or another mortgage product without the ex-husband's consent, a formal application being made and undoubtedly a credit check.
The reader says they have paid the mortgage for a considerable period of time and their husband has not paid very much, if anything.
They can ask the court to take this into account when deciding how to allocate their assets in the financial proceedings.
The court will look at any capital, debts, properties and pensions. The court can also make maintenance orders where appropriate, on a short term or a long term basis, but each case is fact specific.
The reader may wish to look at this option to secure money to assist with the increased mortgage payments - or at least use it as a threat to secure his agreement.
The reader may also ask for the court to take into account his 'conduct'. However, this must be pleaded early on in the case so if it has not been done, they should take independent legal advice before the case comes to an end.
If the former husband is now working and earning significantly more than any maintenance requested, this is perhaps something else to discuss with a solicitor.
The reader's allegation might very well amount to economic abuse, and the reader should speak to their local police force about reporting such potential offences.
However the fact there is a potential offence does not mandate the building society to make unilateral changes to mortgage accounts, nor to provide other mortgage products where a property is in joint names.
Consent of all parties to the mortgage would still be required, both generally and probably as a condition of the mortgage itself. Some temporary relief seems to have been gained, possibly due to the pandemic, but that is exceptional.
As a final point, the reader may need to check the title documents to the home to see if they own the property as 'joint tenants' or 'tenants in common'. They will need professional help to establish which way it is owned.
If they own the property as joint tenants, and if the reader was to die before their husband - even after decree absolute - and before the house was sold or there was a final financial order dealing with the house, then he would stand to inherit their share of the property.
This can be dealt with swiftly but the reader will also need to take a will out at the same time. They really need to pay for an hour of a solicitor's time; it will be money well spent.