I have been married for the last 15 years... the last 5 have been really rough. My husband has an alcohol problem he refuses to address. I can no longer handle the fighting and unhappiness. The home we own together is for sale currently. We have moved into a house my father owns but does not reside in with the intent of purchasing it from him after ours sells. If we are still married can My father kick him out legally and let the kids and myself remain in his house?

Possession is 9/10ths of the law and you will probably have to seek legal advice on this one! Good luck

Mostly its going to depend on your status. Are you paying rent at this time ? It boils down to the fact of intent. You both moved in together so unless you get a restraining order against him and have him removed your father would have to evict both of you as tennents and the he could re-rent to you. Im not sure that he could just evict 1 of you as both names would be on any contracts either signed or verbal. Are you going to get a divorce or are you trying to use this as a scare tactic to sober him up ? Also with children together your going to need child support if you both separate.

I know in my state that you would both have to be evicted by your father because being married he has as much right there as you do as tennants. Of course you could ask your husband if he would leave and file for legal separation but if he won't willingly leave it's both or nothing (legally). How long have you been living there?

We have no legal documents or renters agreements with Dad, we pay him no rent. After our house sells we will be able to pay off all debt we currently have. Dad was then going to sell the house to us... If things don't change with my husband I had planned to file for divorce then get a mortgage in my name only.
But how do I get him out first?? :(

You file for divorce. Until you do, you really can't do anything. If he gets drunk and physically abuses you, you can file a domestic violence charge and get a restraining order.

As stated in order to "get him out" you would have to file for divorce or wait until something happens to file domestic abuse. Until then he has as much right there as you do.