Getting a mortgage while separated - name still on deeds of marital home

[temporarynamech]

I separated from my husband a while ago, we agreed he would stay in the house and he's given me half the value of the house in cash. (I'm happy with this given he brought more money into the relationship than I did, and his mum gave us a large cash gift when we bought the house) However we are still legally married and my name is still on the deeds. Will either of these things affect my ability to get a mortgage for another house?

Get divorced with a financial order asap and get your name of the title on the former matrimonial home

Until then you are financially linked

You can apply to the Land Registry to be taken off the deeds. And apply for judicial separation on Gov.uk (assuming you are in UK). Otherwise you may be subject to second home stamp duty which is a lot.

You don’t have to get divorced yet. But you do need him to formally buy you out and to be removed from the deeds or you’ll get charged this second home rates. It’s not that complicated to get bought out particularly if it’s amicable. Shouldn’t take very much work from a solicitor at all, it didn’t for me.

You will still get charged higher rate stamp duty as a married couple can only have one main residence for tax purposes. If there is a mortgage on your existing house then you are still liable for it, I think it unlikely you can be removed from a mortgage without also being removed from the deeds. Unless you have an income that will support both mortgages you won’t be able to get another mortgage.
Also if your husband can t afford to pay his mortgage you may still be liable even if separated and not living there.
You really need to formalise your divorce and financial separation.

We had this.

apply to the land registry to be taken off the deeds.

I found I couldn’t even get a decision in principle while my name remained on the other mortgage. It’s frustrating when you need to accurately know what you can potentially borrow to inform financial divorce arrangements …or indeed to buy a house.

Thank you for your answers, hadn't even thought about the stamp duty thing. Looks like I can't start thinking about a house till I get this sorted!

I was still married when I bought my house but he’d bought me out so I was off the land registry and the mortgage so there were no issues.