In short, if you are not a co-applicant on the mortgage and you give your husband money from your 401(k) for a down payment on the home then it is technically considered a gift. Giving your husband a down payment gift should not create any issues as long as you follow the lender's guidelines for down payments gifts. Lenders want to confirm the source of your down payment funds, especially if all or part of the funds comes from a gift. We provide a comprehensive overview of the down payment for a mortgage including how to use a gift for a down payment on FREEandCLEAR for you to review. We also provide an informative explanation of how to use money from your retirement account to buy a home that you may find useful.
Please note that if you are not on the property title and not a co-applicant on the mortgage then you will hold no legal ownership in the property and no legal obligation for the mortgage. You may want to consider being added to the property title after the mortgage closes through a quit claim deed or similar process.