Title 21, Real Property

Except as provided in '163 of the Civil Code of Guam where one (1) or more spouses is incompetent, and except in the case of a married person's separate homestead, the homestead of a married person cannot be conveyed or encumbered unless the instrument by which it is conveyed or …

Except as provided in '163 of the Civil Code of Guam, a homestead can be abandoned only by: (a) a declaration of abandonment executed and acknowledged by the husband and wife, jointly or by separate instruments, if the claimants are married; (b) a declaration of abandonment or a …

A declaration of abandonment is effectual only from the time it is filed in the office in which the homestead was recorded. SOURCE: CC '1244.

When an execution for the enforcement of a judgment, obtained in a case not within the classes enumerated in § 43104 is levied upon the homestead, the judgment creditor may at any time within sixty (60) days thereafter apply to the court having jurisdiction for the appointment of…

COL120106 The application must be made upon a verified petition of the judgment creditor showing: (a) The fact that an execution has been levied upon the homestead within sixty (60) days prior to the filing of said petition. (b) A description of the homestead and the name of the …

The petition must be filed with the clerk of court. SOURCE: CC '1247.

Within ninety (90) days from the date of filing the petition, a copy thereof, with the notice of the time and place of hearing, must be served upon the claimant or his attorneys at least two (2) days before the hearing; and if such notice shall not be so served, the lien of the e…

At the hearing the judge may, upon proof of the service of a copy of the petition and notice, and of the facts stated in the petition, appoint three (3) disinterested appraisers to appraise the value of the homestead. SOURCE: CC '1249.

The persons appointed, before entering upon the performance of their duties, must take an oath to faithfully perform the same. SOURCE: CC '1250.

COL120106 They must view the premises and appraise the value thereof, and if the appraised value, less the aggregate of all liens and encumbrances thereon, exceeds the homestead exemption, they must determine whether the land claimed can be divided without material injury. SOURCE…

Within fifteen (15) days after their appointment, they must make to the judge a report in writing, which report must show the appraised valued, the amount of all liens and encumbrances, and their determination upon the matter of a division of the land claimed. SOURCE: CC '1252.

If, from the report, it appears to the judge that the land claimed can be divided without material injury, he must, by an order, direct the appraisers to set off to the claimant so much of the land, including the residence and outbuildings, as will amount in value to the homestea…

If, from the report, it appears to the judge that the land claimed exceeds in value, over and above all liens and encumbrances, the amount of the homestead exemption, and that it cannot be divided, he must make an order directing its sale under the execution. SOURCE: CC '1254.

At such sale no bid shall be received, unless it exceeds the amount of the homestead exemption plus the aggregate amount of all liens and encumbrances on the property. SOURCE: CC '1255.

COL120106 If the sale is made, the proceeds thereof must be applied in the following order of priority, first, to the discharge of all liens and encumbrances, if any, on the property; second, to the homestead claimant to the amount of the homestead exemption; third, to the satisf…

The money paid to the claimant is entitled, for the period of six (6) months thereafter, to the same protection against legal process and the voluntary disposition of the husband or wife, which the law gives to the homestead. SOURCE: CC '1257 as amended by P.L. 15-113:14.

The court must fix the compensation of the appraisers, not to exceed two dollars ($2.00) per day each for the time actually engaged, but no compensation shall be paid to officers or employees of the Federal or Guam Government. SOURCE: CC '1258.

The execution creditor must pay the costs of these proceedings in the first instance; but in the cases provided for in ''62116 and 62117 , the amount so paid must be added as costs on execution, and collected accordingly. SOURCE: CC '1259.

Homesteads may be selected and claimed: (a) by any head of a family, of not exceeding Forty Thousand Dollars ($40,000) in actual cash value, over and above all liens and encumbrances on the property at the time of any levy of execution thereon; (b) by any person sixty-five (65) y…

The phrase "head of a family," as used in this Chapter, includes within its meaning: (a) the husband or wife when the claimant is a married person. (b) every person who has residing on the premises with him or her, and under his or her care and maintenance, either; (1) his or her…

Deemed Abandonment of Prior Homestead. Whenever a claim of homestead is made pursuant to Subsection (a) or (b) of § 43123 of this Article which includes property previously homesteaded, to the extent that such prior homestead is still valid, such new claim of homestead shall not …

In order of select a homestead, either husband or wife or head of a family must execute and acknowledge, in the same manner as a grant of real property is acknowledged, a declaration of homestead and file the same for record in the Department of Land Management. SOURCE: CC '1262,…

The declaration of homestead must contain: (a) a statement showing that the person making it is the head of a family, and if the claimant is married, the name of the spouse; or when the declaration is made by a married person without the joinder of his or her spouse, in the execu…

The declaration must be recorded in the office of the Department of Land Management. SOURCE: CC '1264.

From and after the time the declaration is filed for record, the premises therein described constitute a homestead. If the selection was made by a married person from the community property or from the separate property of the spouse making the selection of joining therein, the l…

With Proceeds of Former Homestead. If the proceeds arising from the sale of property selected as a homestead are used for the purpose of real property within the period of six (6) months following such sale, the property purchased may be selected as a COL120106 homestead in the m…

Any person other than the head of a family, in the selection of a homestead, must execute and acknowledge, in the same manner as a grant of real property is acknowledged, a declaration of homestead. SOURCE: CC '1266.

The declaration must contain everything required by the second, third, and fourth subdivisions of § 43202, and in addition thereto may contain the statement and affidavit provided for by subdivision 5 of said section, with like effect as therein provided. SOURCE: CC '1267.

The declaration must be recorded in the office of the Department of Land Management. SOURCE: CC '1268.

From and after the time the declaration is filed for record, the land described therein is a homestead. SOURCE: CC '1269. ARTICLE 4 COL120106 MARRIED PERSON’S SEPARATE HOMESTEAD

Acknowledgment and Declaration. Following the entry of a judgment decreeing legal separation of the parties or an interlocutory judgment of dissolution of a marriage, each spouse may execute and acknowledge in the same manner as a grant of real property is acknowledged, a declara…

The declaration must contain: (a) a statement that the declarant is a married person, and that there is in existence a judgment decreeing legal separation of the parties or an interlocutory judgment of a dissolution of the marriage between declarant and his or her spouse; (b) a s…

For the purpose of this Article, the phrase head of a family includes every person who is residing on the premises with him or her and under his or her care and maintenance one or more of the persons enumerated in Paragraphs (1), (2), (3), (4) and (5) of Subsection (b) of § 43124…

From and after the time the declaration is recorded in the Department of Land Management, the land described therein is a homestead. SOURCE: CC '1269.4, added by P.L. 15-113:21.

Separate Homestead Into Joint Protection Homestead: Reduction of Exemption. When a homestead has been declared under § 43401 by a married person following the entry of an interlocutory judgment of dissolution of a marriage upon property awarded to such person by such judgment, a …