Payment responsibility after divorce???

My current fiance is in a bind. He and his ex-wife bought a house while married. They divorced about 5 years ago. Neither one of them listed the house as an asset in the divorce decree (duh!), and both of their names are still on the loan and title. Since it was not listed in the divorce decree, there was no agreement made as to individual responsibility for the mortgage payments, etc. To make a long story short, he has been the only one paying on the loan since 2005 because he does not want to default and have it affect his credit - she has not been paying anything, claiming she has no money, and she doesn't care if she defaults on the loan. So basically, the only way to keep from defaulting is for HIM to continue paying because she's not going to pay anything. He has calculated that she now owes him approximately $10,000 since he has been the only one paying on a house that is in both of their names. Selling the house has proved near impossible in our current housing market. Yes, he could always rent the house, but he wants to know if there is anything he can do to get that $$ from her, considering it wasn't even listed in the divorce agreement. Is he just out of luck at this point??

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If two or more owners cannot agree on what to do with a piece of property they may petition the court and the court will order a sale or refinancing etc. so that the one or more may get out of the property obligation and/or the other(s) may keep it etc.--it is often done-- (This is true in some cases even for equitable owners that have paid various amounts etc., but for various reasons, may not be on title.) You could threaten to take this action if need be. It may cause compromise which is of course what you need here now.