In most cases, divorce courts won't allow one spouse to force the other out of their shared home while a divorce is pending. However, if your husband wants to evict you from the house during the divorce, he can ask the court to grant an order of temporary exclusive occupancy. Your husband must prove that you are a danger to him or others in the home before a judge will grant such an order.
Proof of Danger
If your husband wants to evict you from your home, he must provide evidence that your continued presence threatens his safety. Simply not getting along with one another is insufficient cause for the court to grant such an eviction. Police reports and hospital reports help prove that someone is a significant danger to somebody else living in the home, as are sworn statements from your husband or other witnesses as to your behaviour towards him.
Right to Response
If your husband asks the court to grant him temporary exclusive occupancy rights, you may respond to his accusations via a sworn statement regarding your perspective on the matter. If you challenge his motion in this way, the court sets a hearing date and hears both sides before determining whether to grant exclusive occupancy to either partner. The original motion usually takes about 30 to 60 days to process, and then it may be another 30 to 60 days before the hearing takes place.
A motion for temporary exclusive occupancy does not necessarily determine whether your husband can evict you from the home once the divorce is finalised. Usually the divorce court determines who gets the house at the end of the divorce, which settles the question without your husband trying to evict you or vice versa. If your husband gets the house in the final divorce, remove your name from both the deed and the mortgage. If you do not remove your name from the mortgage, you are still liable if your former spouse defaults, even if your name is no longer on the deed.
Name Not On Deed
If your name is not on the deed, your husband still may not be able to evict you, depending on state laws. If you both live in the house, some states require a temporary exclusive occupancy order before either spouse can evict the other. In addition, if you have contributed to the mortgage payments during your marriage, some states consider you to have equity in the home and thus grant you the right to stay there barring a temporary exclusive occupancy order.