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You can't sell the property without her signature on the transfer deed.
So, regardless that you need her to sign off on any transfer - she also has a marital interest in the property - she has equity in the property unless the property is upside down and more owed than it's worth.
So, yes, you potentially could purchase and obtain financing in your name alone for the property - she would have to consent or a judge would have to order such in the property division of the divorce action.
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