You did not indicate in what state you are living. You also did not indicate when and how you acquired the home. Did you purchase it before the marriage with your own money, or did you buy it during the marriage with money earned during the marriage? Also, how is the title to the home held, in your name, in both names?
Assuming, for argument sake, that the home is marital property, I strongly suggest that you work out some kind of agreement regarding how the proceeds of the sale of the home or the ownership of the home will be divided upon divorce. Do this before you leave the house unless there are problems with physical abuse, so I would say you should move out immediately? It is more important to protect yourself and your children and deal with the home’s financial division from a safe location.
If you are living in the New York City metropolitan area, please call me at 212-370-1660 to arrange for a meeting to discuss the matter at greater length.
Leonard M. Weiner, Esq. /Divorce Solutions