Mortgage renewal during divorce

[3milyKG]

Good morning,

So to try and get to the point I am posting for my own clarification but it is to do with my partner and his divorce.

Partner bought a house with his ex in 2012 before they got married in 2014 - remained as tenants in common. The house was rented out from purchase due to his job and being able to get alternative housing. They split start of 2019 and she moved back into the house start of 2020 without telling him this. They are currently trying to sort out finances in the divorce but she really would like to leave him with nothing, making him feel and constantly telling him what should he get out of the house as he’s never put in (it was an investment for them). Anyway the mortgage is due renewal in May of this year and she cannot get a mortgage on her own - she has offered him £20k to sign a 5 year mortgage to which he has declined seeing as he currently has £40k equity (it’s a 60/40 split and the equity stands at £104,000). There is enough equity in the house for them both to buy somewhere new and she can most certainly mortgage another house on her own with her equity. There are children involved so understandably it’s not as simple as that. Basically what I want to ask is would it go against him in the eyes of a judge to not sign the mortgage renewal until things have been sorted in court? He knows as soon as he signs that mortgage she won’t bother trying to sort anything as she just wants to use him for the mortgage but he also isn’t mean enough to do anything that affects the children at this point.

Thanks 😊

he really needs some good legal advice.
I really wouldn't be tying myself up for another 5 years on a mortgage with an ex.

What does his solicitor say?

What are the fees on the new mortgage, both application and early exit? It might not be worth it for either of them over going to variable while divorce is sorted.

Just let it roll over to the SVR whilst the divorce is sorted out. There's no requirement to enter another fixed deal and then lock yourself in for 5 years or whatever it maybe with an early repayment charge.

Go onto SVR.
There's bound to be an early redemption penalty on the renewed mortgage. This will be taken out of the equity.
How is the mortgage being paid?
Can she afford it?
Phrases like "she wants to leave him with nothing" aren't that helpful.
And as a Tennant in common she had every right to move into a house she half-owns.
Stop thinking about him and her and focus on the kids.
I don't think the judge will see going on to SVR as a bad thing.
Will their current financial split allow them both a fresh start on an equal footing and not a massive disparity for the kids in housing size etc? Can they both move to equal size houses?