Legal Question in Family Law in Illinois

He does not have to leave, even if it is "your" house. As long as you are married he has the right to live there. (It's called his homestead right). If it is in fact "your" house, then you are claiming it is your non-marital property and he has no claim to it. If it is not your house, then it is subject to division in a divorce.

Its a marital home, and he has as much right to it as you do. Even if you can prove down the road that it should be non-marital, the presumption stands that it is marital until you get a court order otherwise. People get married in order to share their assets and income, and to live together till death do you part. Now that you changed your mind, its not as simple as simply "wanting him out"