Unless you and your common law spouse were tenants of the property, the son cannot evict you without violations of the landlord tenant laws such as nonpayment of rent, commission of criminal offenses on the premises to name a few. "Not getting alone" is not good grounds for an eviction. If the purpose was for your spouse to remove you from the premises then I would agree with you that this would have to be done through Family Court through a filing for divorce or separation, if there is support for a Common Law Marriage. Even if there is no support for such a relationship, the eviction would have to be based on showing that you were a tenant and you violated the terms of the lease.

I would file an answer to his complaint and request dismissal for failure to state a claim that is supported by the landlord tenant laws.

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