What can I do if my husband and I own a home together and he wants me to move out?

You can file for divorce now and get a court order for him to pay for your new place. That way you can make sure he keeps his word. Or you can ask the court to move him out.

Someone should file for divorce or legal separation and note a hearing to determine who gets to live in the house. Of course if you want to stay in the house you have to show you can pay the mortgage. This is a no fault state, so his affairs are irrelevant unless he used community money to support them.

The affairs and alcohol use have nothing to do with property division. As for your home, there are many considerations that you will need to discuss with counsel - for example, what was the source of the down payment for the home? Does either party have a separate property interest? Is there equity? Can either of you afford to buy out the other's interest? Can either of you afford the monthly payments (i.e., mortgage, HELOC, taxes, insurance, maintenance, repairs, utilities) on your own? All of these considerations will allow you to make an informed choice about how you wish to proceed and I would suggest you NOT move out until you have at least consulted with an experienced family law attorney regarding these issues. This way, you will be aware of your rights and obligations and can make the best choice for yourself under the circumstances.

You do not have to move out, especially if there are children. It also depends if you can afford to keep the home yourself and if you want to keep it. If you have an agreement for him to pay your expenses to live elsewhere you may want to consider moving. You also need to consider factors such as what are the costs of maintaining the house versus the rental value of the house. Does the house have equity and should the house be sold? You should discuss these factors with an experienced family law attorney before moving out.

Unless there is a protective order issued excluding a party from the home, you both have equal rights to stay in the house until a court can decide the issue in an action for dissolution of marriage or legal separation.