I am not a divorce attorney, but, if you two are splitting up, it is my personal opinion that you need to look at all of your joint assets together before deciding how to divide things up. As a real estate attorney, I will tell you that I have met with many divorced individuals who had been in a similar situation as you and your husband's, only to find out after the fact that they (and sometimes the ex) made some bad decisions with respect to their underwater home(s). I strongly advise that you speak to a real estate attorney before determining who is getting what with respect to the homes. You both may decide to get rid of both!
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