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.