Our council house is in my husbands name! What rights have our daughter and me to stay as it is our home?

Can you pleae be more clear as to where you live, what nation and who controls the council home.

I'm assuming that you are in the UK by your use of the term council house. But you really should give us a general location since such laws vary.

You NEED to discuss this with your solicitor. Disposition of the marital home is generally a matter of negotiation as part of the divorce decree.