The courts have held that a house that is bought in only one of the spouses name is not always that spouses separate property. The facts dictate if the house is community property or separate property. The legal issue is simple, why is it titled in only one name. The trick is how do you prove what actually happened and what the parties intended. The most common set of facts is when one party has bad credit and the parties decided to take advantage of that parties good credit. For the full case and the rest of the facts see In re Marriage of Fossum 2011 WL 263203 or see Equitable Property Division.