II. Presumptions From Title

§2.01 Presumption From Form of Title

There is a rebuttable common law presumption that an ownership interest in property is held as stated in the title instrument. [EC §662; Marriage of Lucas (1980) 27 C3d 808, 813, superseded on other grounds by FC §2640.]

You may find that this presumption has been rebutted only if there is clear and convincing proof. [EC §662.] The presumption may be overcome by evidence of an agreement or understanding between the parties that the interests were to be held otherwise. The presumption, however, cannot be overcome solely by [Marriage of Lucas, supra, 27 C3d at 813–814]:

• Evidence tracing the source of the funds used to purchase the property, or
• Testimony of a hidden intention not disclosed to the other grantee when the conveyance was executed.