Your question blends several different, but interrelated, issues. No one can make you involuntarily leave your home, regardless of how it is titled, except for a judge. Unless and until there is a court order directing to you to leave, you are under no legal obligation to do so. There may be, however, perfectly legitimate reasons to do so, depending upon the facts of yo ur case. You don't say whether anyone has actually filed for divorce, or even if you want one, nor do you indicate if there are sufficient marital resources to support two (2) households during this "temporary" separation. The reality is that in FL, if one party to a marriage wants a divorce, they can get a divorce, regardless if the other party wants to stay married. If the house is titled in the name of your spouse and her parents, and was titled that way before the marriage, it is generally more likely than not that the house will be awarded to her in the divorce. However, you would generally be entitled to be compensated for your marital 1/2 interest in her interest in the house, from the date of the marriage to the date of filing the divorce petition. The calculation of your interest is complicated, and you should certainly engage an attorney if you are going to proceed to divorce. You also should not wait until the last minute to start looking for alternate living arrangements if counseling is not working out.
Answered on Aug 23rd, 2013 at 1:41 PM