CALIFORNIA FAMILY LAW
...Unmarried Cohabitors
......Selected Evidence Issues
.........Burden of Proof
5 Cards On This Topic:
  • Burden of proof is generally preponderance of evidence.
  • Presumption that owner of legal title is owner of beneficial title may be overcome only by clear and convincing proof.
  • Oral transmutation of real property contrary to record title must be proved by clear and convincing evidence.
  • Marvin agreement to titled property must be proved by clear and convincing evidence; burden for untitled property is preponderance of evidence.
  • Clear and convincing evidence required to overcome presumption of title, notwithstanding confidential relationship between parties.