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Thanks for your question. The other expert that you asked this of is perfectly correct .
You need to look at the Charging Order made when you dealt with this through the Court with your Ex. The Order may say that you are entitled to postpone the charge in favour of a remortgage. If it does you can remortgage, if it doesn't then you cannot remortgage and would have to revisit the matter in Court with your partner. The rationale is that the equity due to him would be materially reduced by the remortgage unless you agreed that the amount you are remortgaging should come out of your share (this could be an option for you)
If you instructed a solicitor in proceedings which precipitated the Order (ie. Divorce) then you should go back to them for confirmation of the terms of the Order.
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