specificaly: I am the petitioner and upon partial judgement the respondent, my ex wife, was ordered to keep one property from foreclosure and me the other and both propertys for sale.
final judgement : she was ordered to keep one property from foreclosure and the other property was ordered sold. we are to split the profits if any.
I can't keep up the payments and neither has she.
Am I in contempt if the property goes to foreclosure?
If the property that SHE was ordered to keep out of foreclosure goes into foreclosure you would not be in contempt, she would.
If the property that was ordered to be sold, isn't sold, and ends up in foreclosure instead, either of you could be held in contempt if either of you won't cooperate with exactly what needs to be done to ensure that the property sells.
Example: You have property that you believe is worth 100k. However, the only way to guarantee that it will sell before foreclosure is to list it at 75k. If either of you refuses to list it at 75k, then that person could be in contempt.
Another Example: You have property that you believe is worth 100k. Someone makes you an offer for 75k and that is enough to cover the mortgage, selling expenses, AND keep it out of foreclosure. If either of you rejects the offer, you could be in contempt.
In other words, if it doesn't sell, you had best be darn certain that you cannot be blamed for it not selling.