CALIFORNIA FAMILY LAW
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Community Property Issues
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Separate Property
.........Burden of Proof
5 Cards On This Topic:
Spouse claiming that property is s/p bears burden of establishing s/p character by clear and convincing evidence.
Burden is on party claiming property acquired during marriage is s/p.
Burden of proof is on person claiming property.
Burden is on party claiming property acquired after marriage is s/p to establish by clear and convincing evidence.
Party claiming property possessed during marriage as s/p has burden to establish by clear and certain proof.