BG, this sounds like horrible divorce representation. Under the scenario you described, absent a specific waiver of reimbursement, the value of the home contributed to the community would be reimbursable to the contributing spouse, irrespective of how the home was transferred to the community.
These kinds of problems would be easily avoidable in the case of a Roth (or other self-directed retirement plan). Even employer sponsored plan equity is separate property, to the extent it was earned prior to marriage.
