What right do I have if spouse threaten to kick me out and we have children. I am unemployed stay at home mom.

   You have many rights.  The first is the right to stay in your marital home.  Your husband cannot "make" you return to your parents' home.  If he is threatening to harm you or has harmed you, you can go to your county courthouse and obtain a temporary injunction for protection against domestic violence. There should be a clerk at the courthouse who assist you in filling out the papers and filing them.  If, after you read this there are additional incidents where he actually threatens you and/or  touches you in any way that  was uninvited, or prohibits you from leaving a room, or retains you in any way, you should immediately call the police and get out of harm's way until the police arrive.  Then you should go to the courthouse and obtain the temporary civil injunction.   If the judge grants the injunction, it may require that your husband leave the home.    However, it does sound like you are heading for a divorce.  Under these circumstances, you should consult with an attorney regarding your legal rights when getting divorced, including those involving your children, which depends on your specific facts and circumstances and is beyond the scope of this answer in this forum.  There may be legal aid in your county who can provide an attorney to assist you if you have no funds or perhaps a relative can help you with fees if you do not qualify for legal aid.   Best of luck, Cindy S. Vova, Law Offices of Cindy S. Vova, P.A.