CALIFORNIA FAMILY LAW
...Community Property Issues
......Separate Property
.........Burden of Proof
5 Cards On This Topic:
  • Spouse claiming that property is s/p bears burden of establishing s/p character by clear and convincing evidence.
  • Burden is on party claiming property acquired during marriage is s/p.
  • Burden of proof is on person claiming property.
  • Burden is on party claiming property acquired after marriage is s/p to establish by clear and convincing evidence.
  • Party claiming property possessed during marriage as s/p has burden to establish by clear and certain proof.