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.