In Machado v. Machado, the California Supreme Court held that a joint tenancy deed creates a presumption that can be overcome only by evidence of a common understanding or agreement between the owners, not by one owner’s hidden intentions.
Partition defendants who claim their co-owner was only a co-borrower face an uphill battle, because Evidence Code section 662 presumes the person on title is a true owner.
Under Evidence Code section 662, the person on the deed is presumed to own the property unless clear and convincing evidence shows the owners agreed otherwise.
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