It sounds as if both of your names are on the title to the house. If he wants to stay and you want to leave, he has to pay you half the equity in the house. The other choice is to sell the house and split the profit from the sale. I agree with splendra on this one - don't leave until he's out of the house, then get some movers to come in, pack your stuff and get out. However, don't do this until you consult an attorney. In an equity state, it's a bit more challenging regarding who should stay or leave. Also, the division of property depends on the length of the marriage, who contributed what, minor children, if any, and other factors. It sounds as if the two of you have been married for quite some time. The longer the better in an equity state.