You may have issues with drawing up a note on the home you own together for a property you are purchasing as sole and married man. I am not a lawyer and you may want to consult one but she can come back and take you to court for doing that without her consent during a divorce. Hopefully you haven't done this as of yet.
Hope it all works put and if you need help or a referral for a real estate attorney, please call.
Better Homes and Garden Previosly Prudential California Realty
NMLS # 6395
Financing Kentucky One Home at a Time
I answer questions about financing real estate based on my decades of experience dealing with mortgage underwriters. This answer is my personal opinion, has not been reviewed or approved by the company I work for. I do not offer legal or tax advice, if you need answers from an attorney or CPA find one knowledgeable in your local market.