My husband and I have been married just 35 months. He left 2days ago and then texted me and told me to be out in about 2 weeks. Ths Summer we refinaced our home we have been here about a year and a half.
Can he tell me to move out and what rights do I have? He wants to leave due to me being depressed and crying all the time. He will not go o counseling now that I have decided to try.

First, are you on the title of the home and/or on the mortgage. Second, what state do you live in.

But the most likely answer is no, he can't. Since he left you can actually keep him out. You NEED to see a divorce attorney immediately to secure your rights. This doesn't mean you will divorce him, just that you are securing your rights to marital property.

If your name is on the title, then there is no way he can order you to live since you own half the house. But if you aren't in the title, especially if , he owned the house prior to the marriage, then its possible you will eventually have to move. But he can't just kick you out.