If your divorce will prohibit you or your spouse from staying in the house on one income, then you have to get out. If the current market value is less than the loan amount then the lender may let you sell the property under what is called a 'short sale'. Under this type of sale the lender stops the foreclosure and gives you a short period of time to sell it for the market price and they will forgive the balance of the loan. The lender's foreclosure costs the lender attorney fees, and the cost of maintaining and then selling the property so they like to avoid foreclosure if they can