If divorce is filed, YOU CANNOT sell any property without permission of the court. If you do, you could possibly owe your husband ALL the profits from the sale.
Unless of course the husband agrees to the sale and agrees to the division of proceeds.
OP, just to give you an example of how badly you could get yourself in trouble, here is something that really happened.
The husband was the only owner of record of the house. The house was worth 120k and they had a mortgage balance of 60k. Husband was so ticked off that his wife would get any money at all from the sale of the house that he sold it for just enough to cover the mortgage, closing costs and realtor fees. The judge was so ticked off that he did that, that the judge ordered that he had to pay his wife the difference between what he sold it for, and what it could have been sold for if he hadn't been an idiot. He ended up owing her almost 50k.
If you sell the house at fair market value and share the proceeds equally with your husband its unlikely that the judge would have any gripe with you, even if your husband thinks you could have held out for a little more. If you sell it at a bargain basement price, just to get out from under the mortgage, then you risk the wrath of the judge. And that risk is there whether your sell it while the divorce is pending or sell it after the divorce is final.
So, be smart. If you need/want to sell, get a professional appraisal and put it on the market at FMV. Only reduce the price if its clear that its not going to sell at the appraisal level.
