CALIFORNIA FAMILY LAW
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Community Property Issues
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Transmutation
.........Burden of Proof
6 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 evidence.
Burden of proof to overcome FC 721 presumption of undue influence is preponderance of evidence; presumption overcome because evidence showed W understood purpose of QC deed and was under no pressure to sign.
Burden of proof to overcome FC 721 presumption of undue influence is preponderance of evidence.
Oral transmutation of real property contrary to record title must be proven by clear and convincing evidence.
Transactions Between Spouses, including Burdens of Proof.