Family Law Questions? Ask a Family Lawyer Online.
Dear JACUSTOMER - You can't get anyone's name off of any debt without the approval of the lender unless the debt is paid in full. If you are in a divorce situation you can get the court to order than one or the other party be responsible for the debt but if they fail to pay then the creditor can still seek payment from the other since the creditor is not a party to the divorce.
The remedy in that situation is to file a motion for contempt. In your case I'm not certain if there is even a divorce if the marriage has been ruled, as you say, "illegal". You can contact the creditors and ask to be removed but that will be a waste of time since no creditor is simply going to release you from the debt. Unless there is a court order for her to pay you have no way to force her to do anything. All you can do is sue her for her half of the debt.
As for the house, you would need her to sign a quit claim deed giving up her interest in the house. If she refuses then you will have to file a partition action in the court to force a sale of the property. If her name is XXXXX XXXXX deed and there are no written agreements as to who owns what portion of the real estate then the court will determine that you each have a one half interest and will divide the equity.