The bit about who leaves the marital home when a marriage goes bad is a touchy time. Your lawyer is right; As long as no laws are broken, neither can force the other out. The one who stays in the seat of the family is usually is in a stronger position in a custody battle.
But I'd advice people to eschew strategy and do what feels right. If standing your ground feels right, then do that. If fleeing feels right then get the hell out. If being insufferable so as to "encourage" him to leave feels right, then do that.