I owned my condo prior to marriage, we lived in the condo for 5 years, we are now getting divorced, my spouse was nvr on mortgage or deed.

You have to look at what's equitable distribution.  You speak of liability for the mortgage.  What about the proceeds of the sale?  Is there equity in the property or does the value of the mortgage exceed the value of the property?  Usually, she might be entitled to the appreciation in the value of the property, but the recent drop in property values means that there is possibly no appreciation anyway, just liability for the mortgage.  If that's the case, the mortgage debt, or a portion of it, might be part of the overall settlement.