I am a Realtor. Please view my advice as just that - advice - because I am not a lawyer. By law I have to disclaim both.
One thing I know is that divorces are terrible!
Ok. When you got married, unless you prepared a doc. called a "prenuptial agreement" specifying that certains things would not get comingled, what was his is yours and what is yours is his (to a certain limit) INCLUDING ALL YOUR DEBTS!
I believe that your primary homesteaded residence can not be sold from under your feet, because you re his rightful wife. Even thou he is the only person on the loan and title, you still have rights over 50% of it's ownership. You will also have a 30% (I believe) interest over the rest of your common assets, including his income (don't take my word, contact a lawyer, that is why divorces cost more than weddings).
Now, remember as I said you will also share in HIS DEBTS! That means if he defaults, your credit goes to the sewers, too.
Consider this: you get divorced and he moves out - he will have to pay for a separate bill for his living expenses - rent, electricity, phone, etc. and he will have to give you allimony and child support. What are the chances that you will both be able to keep up with the mortgage payments? If you delay more than 30 days, you could be in deep trouble. Four months and the foreclosure process starts, then you will be looking for a rental, that is for sure! And when those future landlords pull your credit, you will find yourself living with your parents.
You are together for less than 3 years, already have another child - honey, you haven't begun to see what tough times are! Your 16 year old child can become the most unstable thing in your life in a very short period.
I can offer to put your house up for sale so you both can take whatever little equity there is and go your separate ways. But L., the market is very flat, it could take a YEAR to sell the house.
My best advice - from woman to woman - work it out! Love is a "verb" - TO LOVE - it requires "action".
It does not stay alive unless you work on it.
By action I mean things we do, such as to talk, to give in, to get tough, to admire, to move on, to change, to sacrifice, to consult, to strike a deal, to mature, to work harder, to touch, to forgive.
Ask anybody who have been married for many years if they haven't been on the brink of blowing, at least once every 5 years.
If you need someone to talk to, my shoulder is free.