CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Presumptions & Burden of Proof
......Presumptions: Burden of Proof
.........Title to-Ownership of Property
6 Cards On This Topic:
  • Presumption that owner of legal title is owner of beneficial title may be overcome only by clear and convincing proof.
  • Unless statutory transmutation requirements met, life insurance policy purchased with c/p during marriage remains c/p after divorce; EC 662 title presumption does not apply when it conflicts with F/L transmutation statutes.
  • EC 662's rebuttable presumption of ownership does not apply when sister-in-law attempts to establish her ownership of frozen assets used by Ds in fraud schemes.
  • Oral transmutation of real property contrary to record title must be proven by clear and convincing evidence.
  • Nonmarital 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.