I agree with seeing your lawyer and find out exactly what your rights are and are not. Be honest with your lawyer about the verbal and mental abuse (and physical abuse if that has happened too) and there may be a way to have him move out. Laws vary from state to state and country to country, so the only way to be certain about what you can do, is to ask a lawyer. Also, a women's shelter may be able to help you find good resources to use.
Good luck dear, I think you are wise choosing to remove yourself from the abuse.
Hugs