Oh no!
I guess that's up to him then? Could you rent it from him? Have an official document drawn up saying as much?
IIRC, you are joint on this mortgage? You need to speak to a solicitor asap over this.
BUT..............
If it turns out that you are unable to remain in your current house, then so be it.
When I left XP, we were in a hostel at first before we were rehoused.
I told DD it was our own little adventure. Then when we got our house, I made that our home.
You can do this and one day, you'll look back at the person you used to be, and realise just who you are, because of it all.
Corny? Yep, but it's true.
No matter where you live, you will always have each other. It's just a house? Yes. It's important, I know, it contains memories.
But those memories have been tainted by XH. If you start a fresh somewhere else, then they will be your memories to keep forever.
No-one can take that away from you.
DD still talks about our old house, the things we did, dressing up, picnics in bed, decorating, etc..... all very very fond times.
We've both moved on from that place, but in a good way. We expanded. We grew together and moved forward.
It can happen but right now, you need to get through each day and try to secure somewhere for you both to live.
Stay strong xxx