My brother and his ex-wife are both on the mortgage of a home they acquired while married. She is still living in it with the children and he rents a home elsewhere. It has been on the market since the divorce. The divorce decree states that my brother is responsible for the payment until it sells, then they are to split the profit 50/50. Well, he can't continue to pay the mortgage as well as the child support payment and he may end up having to let the house go into foreclosure b/c the ex refuses to help with the payment. If he can find no other way, and it does go into foreclosure, what can she do to hold him to owing her the profit on the sell of the home? Obviously there will be no sale, and therefore no profit. But she is telling him he will still be responsible for paying her half of what they would have made on the sell of the home. Is this true? Second question: She is also telling him that since the divorce papers say he is responsible for the payment that the mortgage company will not hold her responsible for the foreclosure. I don't believe that is true, but she is swearing it to be. This will affect her credit the same as his, will it not? And can she have him held in 'comtempt of court' for not paying the payment on the house like the divorce papers state he is to do? Even though it is because he cannot afford to? Thanks for any help you can give us!!!