Hi, thank you for your question. Just a bit more information required to fully assist you:
-Are you in England or Wales?
-Has there been a court-approved financial settlement?
-Is the property in joint names too?
Thank you for confirming. It is helpful that you and your husband are agreeing to a settlement out of court.
However, in relation to the mortgage, it is for the mortgage company to agree to transfer it to your sole name despite what you agree with your husband and the mortgage company will do this subject to their affordability and credit checks. If they are unable to agree to do this without you obtaining a new mortgage, then unfortunately you will have to wait until you are able to do this in the next few years.
In any event, the financial settlement between you and your husband can still be finalised in the meantime and the settlement can reflect that you will continue to make efforts to have it transferred to your sole name or remortgaged.
I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you