My husband is trying to position his divorce in such a way that after it is completed he can try to short sell. Is there a way to work our a way

Certainly the division of marital property can be structured however you both agree through a property settlement agreement. However, since your name is not on it, he may be able to dispose of it by short sale, if he is not in agreement with transferring it to you.  Also, you would obviously have to have sufficient income and assets to get approved for a mortgage on the property in your own name. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation.