Dear Garry C.:
Greetings. Technically yes, but the problem is that you will likely need your wife’s signature and there is usually some portion of the equity in the marital residence that is divisible (because your payments on the mortgage during the marriage created a marital interest in the increase in equity/decrease in mortgage). Please go and speak with an attorney before you take some action that you will regret because you did not get the legal advice you need. Feeling desperate and out of control is not something that has to keep going on for you. Thank you and good luck.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.