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SPARC Law & Litigation FAQ

38. My spouse and I purchased a house recently; now we're divorcing. She wants to stay in the house; I want my name off, but what if she CAN'T get it refinanced in her name? Can I sell it even if she doesn't want to?
It depends on several factors, including what (if anything) is stated in the separation agreement. You may be able to get the judge to order that the home be sold and that your name be removed from the title. Be aware that creditors do not have to abide by or recognize a judge's orders- in other words, they may still be able to hold you financially responsible for debts that occurred during the marriage.

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