CALIFORNIA FAMILY LAW
...Community Property Issues
......Characterization
.........C/P Presumption
............Burden of Proof to Overcome
15 Cards On This Topic:

Proper standard of proof to overcome presumption that property acquired during marriage is c/p is preponderance of evidence; contrary cases distinguished.

Property purchased after separation properly found to be c/p due to failure to prove source of funds used to buy.

If owner cannot establish s/p source of funds used to purchase property postseparation, c/p presumption prevails.

Presumption that property acquired during marriage is c/p can be overcome by tracing.

Depositing funds into joint bank account creates presumption that funds were c/p. (Pre former Civil Code section 4800.1.)

Person claiming property to be separate has burden of proof.

C/P presumption stronger the longer the marriage.

Burden on party claiming property acquired during marriage is s/p to adequately trace to s/p; if commingled funds used and s/p cannot be traced, c/p presumption prevails.

C/P presumption has less weight in short marriage.

Party claiming property acquired after marriage as s/p has burden to establish character by clear and convincing evidence.

C/P presumption may be overcome by tracing.

C/P presumption weaker when property acquired shortly after marriage. Presumption grows stronger with duration of marriage.

Property in possession of spouses at end of long marriage is presumed community.

Property acquired during marriage is presumed c/p; burden to overcome is clear and convincing evidence.

Cases discussing standard of proof for rebutting c/p presumption.