
Even though both of these assets are titled in your husband's name, if they were acquired during the marriage, they are almost certainly marital assets. We would have to examine where any down payments came from, but any monthly payments coming from income earned by either of you during the marriage are presumably marital. In a divorce, a judge can look at what contributions each of you made to the marriage, both monetary and nonmonetary, and then determine a fair division of the property. He is right that it may be difficult to make him move out of the marital home. However, it's possible for you to be granted exclusive use and possession of the home pursuant to a divorce. This would force him out of the home. But this remedy is often only implemented in cases involving domestic violence. It is important for you to consult with an attorney to further discuss your rights and ensure you are protected.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.