Do I have to leave my com law husband of 3yrs house it in his name he went to jail for putting a 45 tomy head he is chradge with f2 agg,asalt with wepon

First, any question on law needs to include your general locale as laws vary by area. Most places no longer recognize common law marriages.

You can not just be thrown out. But his legal representative can give you a vacate notice and, if you ignore it, yiou could be evicted.