What state are you in? And I wasn't clear on your question. Is it you want to know if you can evict your mother -in-law from the marital home, while you and your wife still live there together? If that is the question; then I am tempted to say: Ask your wife. You and your wife own the home together, your wife (as well as you) can have any houseguest they wish. You cannot ask your wife's guest to leave, without your wife's consent. The mother-in-law is an invited guest. Since you indicate divorce is on the horizon, I would suggest just bidding you time, causing the least conflict possible.

I am not sure where you were going with the house and 401k's, but it would depend on your state, incomes, and many other factors as to the divorce settlement as it is hashed out between your respective lawyers.

The house is in my name and i believe that 401k belong to both of us but she took it out and spend it on her car, mother in law and her lied to me to stay for one month and end up becoming 7yrs why cant i ask her to leave .

Without knowing your state, the house is probably marital property regardless of whose name is on the title. 12 years is a "real" marriage in any state. If you owned the house before you were married, some states with factor that in. If you both contributed to the 401K then you should bring up that issue , at equity in your divorce agreement (property portion) . Since it is the marital home, ( I would certainly judge it so) as I stated above, she can have anyone she wishes as a guest. You need to hire a divorce attorney ASAP, ad ask his,/ her these questions befor emore cash accounts or property are accesed and utilized. I would suggest a heart to heart with your wife about the divorce settlement, find out what she expects, so you can take that information to your attorney for specific advice based on your state laws, case law, and your specific financial history (income, property, etc.) Without children, a wild guess is that you will be expecetd to split it down the middle, unless one of you has gambled away mutual property, has criminal or addiction issue sthat have drained the resources or other unusal expeditures.

Am in the state of georgia and she was the one that is contribute into the 401k and we are married when she took the money out to put on a downpayment of her suv which she make payment on it and said its belong to her only.

Her is an except from the Georgia State Bar:

"The judge or jury will decide on the division of marital property. Marital property will be divided equitably (not necessarily equally) between the parties regardless of how the title to the property is held. There is no set formula or percentage amount used to divide marital property."

http://www.gabar.org/communications/consumer_pamph let_series/divorce/

I should familiarize yourself with this websites FAQ's regarding divorce.

see also http://en.wikipedia.org/wiki/Community_property

As it says "equitable may not be equal" It depends on your contributed what percentage of their income towards normal living expenses, etc.

It can complicated when property is simply not divided down the middle. That is why you need legal representation.