California Family Law Attorney

Record Title Presumptions

Evidence Code is another critical presumption statute in California family law proceedings. If a deed or other title document recites who the owner is (or whether the property is community or separate or percentages of interests) it creates a presumption that both legal and beneficial title are so held which can only be rebutted by "clear and convincing" evidence - a high burden which we've Blogged about extensively. Note, however, that this section may not apply where someone claims the title document was obtained through a breach of fiduciary duty or by undue influence.

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Presumptions Affecting the Burden of Proof

Evidence Code Section 662

The owner of the legal title to property is presumed to be the owner of the full beneficial title. This presumption may be rebutted only by clear and convincing proof.