Marital Rights/Signature requirement

The situation is that a WA borrower has a pending divorce and the LO is forced to have the ex-wife sign from Fidelity. The borrower has owned the property for 20 years as his sole and separate property, the ex-wife and him were married a few years and she has not lived in his house for over 3 years. Title Officer said borrower is not required to have the ex-wife sign the legals because he can sign an indemnity. Also, said that because she has not lived in the property for over 3 years and has never been on Title that the Homestead would not apply. I would appreciate any thoughts on this.