Can a married woman apply for a mortgage as a single person?

[NoRegretsCoyote]

They don't need a JS and it doesn't need to involve expensive legal fees.

A Separation Agreement will be acceptable for this purpose; the only requirement will be to establish that they have been living separate lives for at least one year.

But does this remove all legal entitlement to each other's assets? (Genuine question)

Even still, say you separate strategically, but remain living together. If you tell the bank you are separated (but aren't), isn't this a material misrepresentation of your financial affairs?

 

[AndroidMan]

Do a married couple legally have to live together? Say if work reasons meant they had to live in different locations the majority of the time, does that mean they could each have a separate primary residence?

 

[Monbretia]

No they don't have to live together but for the purposes of most things such as tax relief for example there can only be one PPR

 

[Thirsty]

You'll need a legal Separation Agreement to establish that you have separated - that agreement will include the relevant clauses to negate the Family Home Act, and bank can assess for mortgage purposes as though the OP were single. Family Home Act will not apply to the OPs purchase.

I'm taking it that the couple do not own a property at present & don't have children.

Edit to add: I note the OP says recently married - how recent?

@AndroidMan If a couple are legally married, regardless if one spouse lives elsewhere; all the rights and responsibilities still apply.

 

[dubdub123]

As a person who spent years going through the courts to obtain a legal separation then divorce, and then another few years ensuring that I positioned myself in order to conclude a transfer of equity and obtain the family home mortgage and deeds in my own name, the flippancy that the OP has in relation to using separation and divorce as a method to basically complete fraud is infuriating.

How can anyone think it's ok to lie about your marital status to a lender ? Or think sure let's pretend we're separated or let's get a divorce, then wait few years purchase a house and then suddenly they're back together.. And sure in the meantime let's waste the time of solicitors and mediators etc in order to pull a fast one.

I hope the OPs friend finds a legal and workable solution but that may require patience and open and frank discussions with lenders.

 

[Thirsty]

The couple in question are not (one hopes) enduring emotional trauma.

A Separation Agreement is all that's required here. Judicial Separation is not needed; and if Solicitors are being paid for their services, I fail to see how their time is being wasted.

In any event, with neither children nor property in question, the SA will be fairly straightforward.

This is a strategic Separation Agreement; not as unusual as you may think. If one party is, for example, in a long term hospital or care or prison this can be advised for legal and financial reasons.

I'm amused at the outrage being expressed.

If we accept two men getting married, solely to avoid inheritance tax; then we should equally accept couples separating to avoid financial handicaps.

 

[dubdub123]

The couple in question are not (one hopes) enduring emotional trauma.

A Separation Agreement is all that's required here. Judicial Separation is not needed; and if Solicitors are being paid for their services, I fail to see how their time is being wasted.

In any event, with neither children nor property in question, the SA will be fairly straightforward.

This is a strategic Separation Agreement; not as unusual as you may think. If one party is, for example, in a long term hospital or care or prison this can be advised for legal and financial reasons.

I'm amused at the outrage being expressed.

If we accept two men getting married, solely to avoid inheritance tax; then we should equally accept couples separating to avoid financial handicaps.

There is absolutely no indication that any party is in a long term hospital, care centre or prison. This is clearly a case that the OPs friend recently got married and is now concerned about obtaining a loan and is trying to circumvent the system. OP has asked whether it's ok to apply as Single and avoid telling lender that she is married. Honestly by 10 year old would understand that is fraudulent.
Whether a strategic separation agreement is commonplace or not is beside the point if the situation does not warrant that.