Hi, thanks for your question. Please confirm if you are in England or Wales?
Thanks for confirming. As the tenancy has not formally transferred to your name and the property was the former matrimonial home your husband has a legal right to return and occupy the property. You also have home rights arising out of the marriage and therefore are entitled to continue occupying the property.
As you are not a tenant or landlord you cannot "evict" him from the property and you have no legal obligation to pay the rent as you are not the tenant.
In the circumstances, if there is a risk of violence or abuse you can consider applying to court for an occupation order which will prevent him from returning to the property - this can be done using form FL401 to your local family court.
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