Well the house is community property. You move out take the child and file for custody and in the divorce he will be mandated to pay you a percentage of the equity and you can start your new life.
If it is all in his name you will have a tough time getting the house plus with it all being in his name I seriously doubt he will leave. Even if you legally make him leave he will just sell the house and split the equity anyway. If there is any equity. If there is marital debt some of the equity will be used to cover that.
Do what you think is fair.
-------------------- The problem isn't the game; it is that nobody knows the rules.
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