Pennsylvania has exactly this problem.  It seems the only time a spouse has a legal interest in the marital residence is when they are involved in a divorce.  So in PA, the Owner's Affidavit has this admission:

•   That the Grantee(s) named in the deed/mortgage recital(s) set forth in the above captioned Commitment, if title to the Premises was acquired while they were married to each other (tenants by the entirety), have not been divorced from each other at any time since their acquisition of title.

If the owner can't say under oath that they are not involved in a divorce, then you have to stop the settlement and get the spouse to join in the transaction.