CALIFORNIA FAMILY LAW
...Community Property Issues
......Transmutation
.........Burden of Proof
6 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 evidence.
  • Burden of proof to overcome FC 721 presumption of undue influence is preponderance of evidence; presumption overcome because evidence showed W understood purpose of QC deed and was under no pressure to sign.
  • Burden of proof to overcome FC 721 presumption of undue influence is preponderance of evidence.
  • Oral transmutation of real property contrary to record title must be proven by clear and convincing evidence.
  • Transactions Between Spouses, including Burdens of Proof.