In DeBoer v. DeBoer (1952) 111 Cal. App. 2d 500, a divorce case cited by the trial court, the wife held real property in her own name. There was evidence that real property was purchased in the wife's name to shield the husband from possible litigation. (Id. at pp. 502-503.) The wife knew her husband did not intend a gift. (Id. at pp. 505- 506.) The appellate court determined the trial court could reasonably infer from the evidence that "the taking of title to the real property in wife's name was obtained by her by imposition and abuse of confidence." (Id. at p. 507.) In DeBoer v. DeBoer, supra, 111 Cal. App. 2d 500, 504, the appellate court was aware of the former rebuttable presumption that property acquired by a married woman in her own name alone was her separate property (former Civ. Code, 164 Stats. 1941, ch. 455, 1, p. 1752). That presumption could only be overcome by clear and convincing evidence ( Nevins v. Nevins (1954) 129 Cal. App. 2d 150, 154, 276 P.2d 655). The court did not explicitly refer to the presumption arising from the fiduciary nature of the marital relationship (see former Civ. Code, 158, 2235 both enacted 1872).