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.
Want to Learn About Presumptions and Burdens of Proof in CA Family Law?
CALIFORNIA EVIDENCE CODE
PRESUMPTIONS AND INFERENCES
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.