You don't say whether you own the home jointly, if you are on the deed together, whose home it is/was, or if anyone has filed for divorce. Generally, if the home is a marital asset, it is subject to equitable distribution by the court in a divorce case. As a practical matter, if the situation is so acrimonious that it is unsafe for you to be in the home together, whether due to domestic violence or just the threat of calling the police with a false report of domestic violence, you would want to make other living arrangements and file for divorce. Consult with an attorney to discuss the specifics of your situation and your options.
Answered on Dec 18th, 2014 at 12:14 PM