I want to separate and file for divorce from my husband. I have told him repeatedly that I am done with him and don't want him around. His response is that I'm just being silly and everyone has their problems. He has been abusive in the past and I'm a little intimidated to push the issue. We live in a rental house, his name is not on the lease and I pay for everything (he isn't working). We have 2 children together and I don't feel that I should have to take them from their home and try to find another and in the meantime break the lease on this current house. I am also afraid that if I leave him in the house he will destroy th eproperty and I will be responsible since the lease agreement is in my name only. I need some serious advise...

You need to either get a restraining order against him, or go to court and get a separation order and get the judge to order him out.

Yes, you can not just evict him, after you file for legal separation or file for divorce the court will issue him a order to get out, after you request this at a hearing and the judge approves

I know in wa st you can have anyone you want removed from there home if you live there or not I did this with my ex husband when he told me he would sighn the divorce papers if that is wt I want and when I brought them to him he refused and then said he is never going to leave huh he would not leave the house for 3 days after that thinking I would change the locks or something lol so I went to court and had him legally removed I went that afternoon filed the papers and told them I wanted him out by today well I live way out in the country so its like a 3 day order to get the right papers to the sheriff but I had them put in a request to have it as urgent and they had him out by that night then I also had a restraing order temp that day field and went back to court a few days later and got a finale one it did take time for all of this wich I had tot take off from work and lots of stress of not knowing wt he was going to do but in my case I could not take it anymore and it was well worth it all I wish you best of luck also check with your local court house to see wt they have in your state this is how I found out about being able to remove him from the home and how to go about it and they even helped me with the papers and saw the judge that day within a hour of turning them in