Am I "crazy" like he says.

In case this wasn't clear, to go to court to get him out of the house, you need to file for divorce, get him served, and set a court date for a hearing.  Here, we can do this all in the initial filing I believe.  You can serve him with a Notice to Set Hearing (you just have to get him served in adequate time before the hearing or you'll have to reschedule the hearing date - which is no big deal).

Oops!  I ran out of room.  Anyway, here in Colorado, we have to go 90 days from the date of service of documents on the other party before the decree of divorce can be signed, so get the ball rolling and the rest you can deal with while the clock is ticking!

Good luck to you!

I'm in the same boat inasmuch as my husband is refusing to go, tho' he is unemployed and looking, so I'm trying to be somewhat understanding and patient.  Things are intermittently getting more tense, but hopefully he will be out by the divorce date or July 1st, whichever comes first.  However, it sounds to me like your situation is much more difficult then mine.  I'm no expert, but when I read your e-mail, I thought to myself, I would go to court.  You can present your case and perhaps the court will at least order a date for him to be out by.  Of course you do run the risk of the court not ordering him to get out at this time, and that will probably "empower" him. 

I do think if you can establish clearly and convincingly enough that it is in the best interests of the children that he move out (and it sounds like that's the case), a court will more than likely at least order that he get out by a certain date.

It's best that you talk to an attorney.  I can't afford an attorney, but I paid an attorney for an hour of services so that I could get my questions of concern answered and have a clue how to proceed.  It was very helpful.  Yes, expensive ($175), but worth it.  Granted, we don't have alot and my husband is only mildly difficult (i.e. manageable and tolerable), so my issues of concern are minimal, relatively speaking.

It does look like you haven't filed yet.  I would go ahead and at least meet with an attorney for a consultation, and you can get the filing and initial things (like service) done on your own until you hire an attorney.  BUT do make sure you aren't going to do anything to jeapardize your interests in the marital property, parenting, etc. (usually you can't do any harm with beginning the process on your own - but don't leave the house just yet unless you fear for your safety. I don't even know if leaving the house effects property distribution anymore, but that is why you should at least have a consultation with an attorney right away, if