UK Property Law
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Thanks for your question.
I'm afraid not, no. The lender has a first legal charge over the property which prevents your husband from transferring the mortgage/legal title to the property to anyone else without their consent. In order to get their consent their mortgage would have to be repaid, which would mean you getting a mortgage offer from a lender.
If you cannot get a mortgage then you will not be able to transfer the title to the proprerty in to your sole name.
Your husband may execute a declaration of trust which is a deed which states that although he is the legal owner of the property you own the 100% interest in any equity on the property. This would not alter the fact that he and he only is liable for the mortgage but it would provide you with a small measure of security until such time as you can refinance and/or sort out your own credit record to enable you to get a mortgage.
The execution of the declaration of trust would not stop him raising it as an issue in matrimonial financial settlement if you cannot settle amicably and it gets contentious though.
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