If we live in my mother’s house and he wants a divorce, can I evict my husband on our house before we file for divorce?

Your mother as the owner would have to ask your husband to move out. If he does not comply, since he has lived there more than one year, your mother would have to give him a 60 day notice of termination of tenancy. If he still has not moved, then your mother can initiate an unlawful detainer proceeding (eviction). Your mother can consult with a landlord-tenant lawyer.

No you may not evict your husband, but the owner of the property can. From a strategy standpoint it would be wise to complete the eviction before the divorce is filed, but that is not absolutely required. However, failure to do so could involve the owner of the property in the divorce case. When you are dealing with fragile economic issues in court, competent legal representation should always be sought, as the subject matter of the litigation is so very important. One mistake here could cause the biggest adverse consequence of your life!