If it is the home you both live in then it is a marital residence and you have rights to it. Just because something is in his name doesn't mean its not a marital asset. He used his 401(k) money to buy it, and you are entitled to a portion of that money, therefore, a portion of the home purchased with that money could become yours also because it was acquired during the marriage. Things like inheritence are sometimes excluded form being marital assets because it was not earned or acquired during the marriage.
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