Can't remortgage as he is still on the mortgage - any advice would be appreciated.

[Lillycake]

My husband left 9 years ago when the house was in negative equity. Me and my 3 dd's stayed and I continued to pay the mortgage alone. As I was struggling with childcare, I had to give up work. Accumulated arrears. He then wanted off the mortgage but mortgage company said no. I tried to sell but I had nowhere to go. Eventually paid arrears off and now pay alone. The house has now made money and I have paid off the last 5 years capital.
He now wants it sold. He won't sign anything to agree on a percentage when my youngest is 18 (6 years time). I would like to remortgage but can't as he has to agree. Just finished a degree in nursing and looking for employment. This is proving difficult to fond something around childcare as he doesn't help. Asked mortgage company for a holiday. Refused as he has to agree.
How is this fair? Is there anything I can do. Apart from take him to court, I can't afford it.

Unfortunately he holds all the cards. It’s court or 50/50.

A court may (or may not) force him to stay on the mortgage until your youngest is 18, they can't make him sign so you can get a better deal.

I'm surprised he's not pushed the issue before now, nine years is a long time. Will you have any equity, either to buy again or to rent somewhere.

No, he can’t be ‘forced’ to swap, sign up to a new mortgage deal. You are both named on the mortgage and you both have to agree any changes to it.

You should have agreed your consent order years ago. I would get this formalised ASAP so you are clear on when the house is sold and who gets what.