Legal Question in Family Law in California

The general rule is that a spouse can not force another spouse out of the common home, whether or not he owns the property entirely by himself or not. If there is no divorce decree awarding him the house, he can not kick you out. If you do move, he can not make the final determination of what you can and can not take. You need to consult with a divorce attorney; you may be able to get your husband to have to pay the attorney.

This senario sounds as if your husband is abusive to the point you may wish to seek restraining orders to control his conduct. Please seek the assistance of an attorney in a timely fashion to protect your person as well as your legal rights.

Counsel is correct. Until the judge issues an order for you to move out, he cannot force you to move out. If there are children involved, I would especially not recommend this (but be safe above all else). You are going to need an attorney. If he is trying to force you out by saying he will move out and stop paying the house payment if you don't move out, don't let him intimidate you. File for divorce now to prevent him from making monetary moves that will hurt you. Once you file and he is served, he cannot sell, encumber, etc. anything without a court order. If you have no money, you can request he pay you spousal and child support to help you pay for the things you need. You are not without options, but you should speak to an attorney to determine what will be best for you.