you can get a kick out order when you have him served because the house stays with the kids, hire a pi, document illegal activities and use them as leverage.
if the house is in your name only, then you can have him kicked out. if it's in both your names, there is nothing you can do to make him leave and you would have to either stay until the divorce is final and hopefully you get the house, or you would have to leave yourself.
if he's being cruel to the children it's best to get them away. this man obviously isn't interested in what's appropriate and you're going to have to either deal with it or go.
it's not harder on them to be uprooted than it is to expose them to his bad behavior.
You can get free legal aid - look in the yellow pages or maybe even through an Employee Assistance Program. Then they can tell you your real options. My understanding so far is that if I leave, than I have given him a cause for divorce - abandonment. I am going to be consulting a lawyer soon. Usually, with most lawyers, the first consultation is free. You can usually even fax them a copy of a write-up about your situation so that you don't spend your consultation time trying to bring him up to speed.
Sounds like YOU are the one with grounds for divorce - and sounds like to me he is a shameful excuse for a husband, a father and a man!! I am sorry - good luck!
would you like to elaborate on that?
the part where you said, you have no "legal rights to make him"
if you really want to, there's always a way to do so
If he owns the house, and you have no children, and there is no domestic violence, you just 'want' to leave him, then you're going to have to move out and then go for alimony or whatever, maybe you'll strike lucky and get the house, till then you'll have to find somewhere to stay....why do you think you should have more of a right to stay than him?
If you have children you can get him to leave if you're going to keep the children, if there is domestic violence going on call the police or go to a refuge.
Write him an eviction letter, give him 30 days to leave, if he doesn't then go to the police or see a solicitor, you absolutely do have a legal right to choose who lives in YOUR house or not!
Why don't you leave? That would seem fair