Family Law Questions? Ask a Family Lawyer Online.
Thank you for your question. Please permit me to assist you with your concerns.
To ensure that I do not miss anything, I will go point by point with my response. You asked:
My question is: what are my rights under the circumstances?
You are a tenant, not an owner. As such your 'rights' to the property are exactly the same as your soon to be former husband. Neither of you can evict the other and neither of you can lock the other out. The only way you can evict is if your uncle makes you his durable power of attorney, and as the POA you can file for an eviction after giving the husband written notice, but all in the name of the uncle.
Can I evict my husband, since we have a pending divorce case still active?
No, you cannot. Being divorced, or filing for it, does not give you any right as far as eviction. In fact if married you are generally barred from evicting, period, unless the courts grant you a motion for sole occupancy.