Husband wants to sell house and keep cheap mortgage for himself

[Quilting99]

Hi we put house on market (old house we had but rented out) for my husband to move down and buy new house together. (mortgage was in his name as I wasn’t working when we bought it) He’s decided he’s not moving down, I think he wants divorce, and he wants to port mortgage for himself to get house in his name to give family member the advantage of this cheap mortgage. While I wil be left with having to take new mortgage with a difference to pay of £650 a month. Can I stop the sale. Thanks for any help.

[jaguarsuk]

If the mortgage and deeds are in his name then no as he is the owner, so can sell if he pleases.

[des8]

Is the house registered in joint names, or solely husband's?
(And before anyone says anything HSBC used to (still may) allow this with the non borrowing owner signing over security)

Also you might have a beneficial interest in it.
Have you personally ever lived in the property? Have you directly or indirectly contributed to it?

[Quilting99]

It’s in his name, we lived in it for 8 years as married couple, I couldn’t work at the time as I had new baby when it was bought but we ran self employed business together.

[des8]

I doubt if you could stop the sale of the house outright, but there is probably an argument to be made that you share in any of the equity.
I would suggest you take professional advice, perhaps just one (free or fixed rate)) session with a solicitor to see where you stand.
You might find a local solicitor on out sister website https://justbeagle.com/

Incidentally although he may wish to port the mortgage, there is no guarantee that he will be able.
He will have to reapply and so may not qualify now that mortgage requirements have toughened, he may not be able to borrow sufficient or he may get a higher rate.