My husband is on my lease, we separated I was a stay at home mom without an income. He agreed to pay the bills & never lived here. Can he take apt?

Lawyers.com offers general information and not legal advice.  It is not possible to provide legal advice without a complete review of all facts in the case relative to the issues in dispute.  As a general rule, if parties share joint liability for a leasehold interest, each party may also be entitled to occupy the premises.  I use the word, "may," because there are exceptions, which could be applicable.  For example, is there a history of violence? If so, what if any steps have been taken to exclude the offending party from the premises? Is there a protective order in place, which denies the other party legal access to the home, consistent with the terms of the Order.  Does your spouse continue to pay the rent on the property?  What if any steps have you taken to place the lease in your sole and separate name? It is recommended that you confer with an experienced family lawyer in your area to discuss this matter in greater details.  Most lawyers charge by the hour for the initial consultation.  Therefore, you should discuss the lawyer's hourly rate and consultation before setting up an appointment to avoid any misunderstandings.  Best of luck~