Like other aspects, it depends on the circumstances for who gets to remain living in the house. The most important factor is whether or not children are involved. If this is the case, the parent who is deemed the primary caretaker is generally the one who stays in the house.  However, if children aren’t involved, it becomes more difficult to determine ownership. If the house is the separate property of one of the spouses, they have the right to ask the other to leave. That does not mean you can kick them out, though. If one spouse refuses to leave the house, it is illegal for them to kick or lock the other out.  The judge will ultimately determine who will keep ownership of the house during the divorce proceedings.