Many clients tell us that they weren't placed on the title because their credit was terrible and they qualified for a better loan with their spouse on the mortgage only. Or, they say one party exerted financial control over the other and refused to place their partner on the title. Just because you aren't on the title, it doesn't mean that you don't have a financial interest in the home. If the property was purchased during the marriage or domestic partnership, it's presumed to be community (joint) property regardless of how the title is held. It's up to the spouse who claims it is separate property to trace the property to a separate source.