You become legally seperated
You buy the home as your primary residence and keep your husband's home as a rental property. You will need to qualify for the loan with 2 mortgage loans going against your income (as well as other reported debt).
You buy the home as an investment property (or second home depending on it's location).
If you file seperate returns, they you can let the lender know that you are moving out and obtaining a place of your own.You will have to sign an affidavit stating that you intend to live in the house as your primary residence.
When buying an investment property, you will need a minimum down payment of 20% unless you buy a Fannie Mae foreclosed home through the HomePath program (website listed below). The minimum down payment for investment properties is 10% down. Fannie Mae will pay up to 2% of your closing costs. If you buy it as a primary residence, we can help you borrower money for repairs to the house. Fannie Mae is offering a special through the end of the year that if you buy one of their homes as a primary residence, they will pay 3.5% of your closing costs. Rate on this product is high.
I would be happy to recommend a few local lenders, or you can contact your current bank to determine what options they may be able to present you. Ensure that you are aware of how the home is deeded, if you are not sure I can check into that for you.
Yes, you can buy your own home too. Are you on the deed? If you are on the deed and not on the mortgage, this still could be an issue in todays new lending universe. It doesn't hurt to find out, call your favorite bank first.