My husband has been verbally abusive. Everyday I come home and he tells me to leave or when am I leaving. I am now at my bitter end w/this. Everything that I do is wrong and he is not happy with anything. We refinanced the house about a year ago so that I could pay off all my debt and the mortgage went up and he pays the mortgage so now he is tired of paying the mortgage. He used to give me $300.00 a week to pay the mortgage and some bills and the others I was to pay them which I have been doing. The mortgage is $1165.00 and he is still not happy paying it. The idea of refinancing the house was mine to get out of debt. My father left me a house in Puerto Rico and I told him that once the house sold that I would put the money back towards the mortgage, but he wants me to pay and get out.
At the present time both of you have the right to live in the marital home. When and if a divorce petition is filed, the Court can decide whether one or the other of you can have exclusive possession of the home pending the final hearing on the divorce case. The Court could also make an order as to who pays the mortgage and other normal expenses pending the final hearing. The Court, depending on your financial circumstances, can also award 'family support' or temporary alimony pending the final hearing. If your spouse actually abuses you then you may file a petition with the Clerk of the Court for a domestic violence injunction in which proceeding the Court can order that you have exclusive possession of the home, but there has to be domestic violence to obtain such an order.