Title 7, Judiciary and Civil Procedure

If it appears to the court that there are outstanding liens or encumbrances of record upon such real property, or any part thereof, which existed and were of record at the time of the commencement of the action, and the persons holding such liens are not made parties to the actio…

If it appears by the evidence, whether alleged in the complaint or not, that the property or any part of it is so situated that partition cannot be made without great prejudice to the owners, or where property is subject to a life estate and the remainder is a contingent remainde…

If, during the pendency of the action, any of the parties die, or become insane, or otherwise incompetent, the proceedings shall not for that cause be delayed or suspended, but the attorney who has appeared for such party may continue to represent such interest; and in case any s…

Undivided Interests. Allotment of Shares to Each Party. In making partition, the referees must divide the property, and allot the several portions thereof to the respective parties, quality and quantity relatively considered, according to the respective rights of the parties as d…

The referees must make a report of their proceedings, specifying therein the manner in which they executed their trust, and describing the property divided, and the shares allotted to each party, with a particular description of each share. Any party to the action, after giving a…

Whom. The court may confirm, change, modify, or set aside the report, and, if necessary, appoint new referees. Upon the report being confirmed, judgment must be rendered that such partition be effectual forever, which judgment is binding and conclusive: 1. On all persons named as…

Property. The judgment does not affect tenants for years less than ten (10) to the whole of the property which is the subject of the partition. SOURCE: CCP § 767. COL2102014

The expenses of the referees, including those of a surveyor and his assistants, when employed, must be ascertained and allowed by the court, and the amount thereof, together with the fees allowed by the court, in its discretion, to the referees, must he apportioned equitably amon…

Only on the Share Assigned to Such Party. When a lien is on an undivided interest or estate of any of the parties, such lien, if a partition be made, shall thenceforth be a charge only on the share assigned to such party; but such share must first be charged with its just proport…

Property not Sold, When Not all Sold. When a part of the property only is ordered to be sold, if there be an estate for life or years, in an undivided share of the whole property, such estate may be set off in any part of the property not ordered to be sold. SOURCE: CCP § 770.

The proceeds of the sale of encumbered property must be applied under the direction of the court, as follows: 1. To pay its just proportion of the general costs of the action; 2. To pay the costs of the reference; 3. To satisfy and cancel of record the several liens in their orde…

Exhaust Them. Whenever any party to an action, who holds a lien upon the property or any part thereof, has other securities for the payment of the amount of such lien, the court may, in its discretion, order such securities to be exhausted before a distribution of the proceeds of…

The proceeds of sale and the securities taken by the referees, or any part thereof, must be distributed by them to the persons entitled thereto, whenever the court so directs. But in case no direction be given, all of such proceeds and securities must be paid into court, or depos…

When the proceeds of the sale of any share or parcel belonging to persons who are parties to the action, whether known or unknown, are paid into the court, the action may be continued as between such parties for the determination of their respective claims thereto, which must be …

All sales of real property made by referees, under this Article, must be made at public auction to the highest bidder, upon notice given in the manner required for the sale of real property on execution unless in the opinion of the court it would be more beneficial to the parties…

The court must, in the order for sale, direct the terms of credit which may be allowed for the purchase money of any portion of the premises of which it may direct a sale on credit, and for that portion of which the purchase money is required, by the provisions hereinafter contai…

The referees may take separate mortgages and other securities for the whole, or convenient portions of the purchase money, of such parts of the property as are directed by the court to be sold on credit, for the shares of any known owner or full age, in the name of such owner; an…

Compensation. The person entitled to a tenancy for life, or years, whose estate has been sold, is entitled to receive such sum as may be deemed a reasonable satisfac- tion for such estate, and which the person so entitled may consent to accept instead thereof, by an instrument in…

If such consent be not given, filed, and entered as provided in the last section, at or before a judgment of sale is rendered, the court must ascertain and determine what proportion of the proceeds of the sale, after deducting expenses, will be a just and reasonable sum to be all…

If the persons entitled to such estate for life, or years, be unknown, the court must provide for the protection of their rights in the same manner, as far as may be, as if they were known and had appeared. SOURCE: CCP § 780.

Estates. In all cases of sales, when it appears that any person has a vested or contingent future right or estate in any of the property sold, the court must ascertain and settle the proportional value of such contingent or vested right or estate, and must direct such proportion …

be Sold Separately. In all cases of sales of property, the terms must be made known at the time; and if the premises consist of distinct farms or lots, they must be sold separately. SOURCE: CCP § 782.

Neither of the referees, nor any person for the benefit of either of them, can be interested in any purchase; nor can a guardian of an infant party be interested in the purchase of any real property being the subject of the action, except for the benefit of the infant. All sales …

After completing a sale of property, or any part thereof ordered to be sold, the referees must report the same to the court, with a description of the different parcels of land sold to each purchaser; the name of the purchaser; the price paid or secured; the terms and conditions …

If the sale is confirmed by the court, and order must be entered directing the referees to execute conveyances and take securities pursuant to such sale, which they are hereby authorized to do. Such order may also give directions to them respecting the disposition of the proceeds…

When a part entitled to a share of the property or an encumbrancer entitled to have his lien paid out of the sale, becomes a purchaser, the referees may take his receipt for so much of the proceeds of the sale as belongs to him. SOURCE: CCP § 786. COL2102014

Parties. The conveyance must be recorded, and shall be a bar against all persons interested in the property in any way who shall have been named as parties in the action, and against all such parties and persons as were unknown, if the summons was served by publication, and again…

Where there are proceeds of a sale belonging to an unknown owner, or to a person outside of Guam, who has no legal representative within it, the same must be deposited in the savings account of any bank duly licensed to do business on Guam, for the benefit of the persons entitled…

When the security of the proceeds of sale is taken, or when an in- vestment of any such proceeds is made, it must be done, except as herein otherwise provided, in the name of the Director of Administration as trustee, who must hold the same for the use and benefit of the parties …

Names. When security is taken by referees on a sale, and the parties interested in such security, by an instrument in writing, under their hands, delivered to the referees, agree upon the shares and proportions to which they are respectively entitled, or when shares and proportio…

Investments. The Director of Administration in whose name a security is taken, or by whom an investment is made, must receive the interest and principal as it becomes due, and apply and invest the same as the court may direct, and keep an account in a book provided and kept for t…

Adjudged in Certain Cases. When it appears that partition cannot be made equal between the parties, according to their respective rights, without prejudice to the rights and interests of some of them, and a partition be ordered, the court may adjudge compensation to be made by on…

When the share of an infant is sold, the proceeds of the sale may be paid by the referee making the sale to the general guardian, or the special guardian appointed for him in the action, upon giving the security required by law or directed by order of the court. SOURCE: CCP § 793…

The guardian who may be entitled to the custody and management of the estate of an insane person, or other person adjudged incapable of conducting his own affairs, whose interest in real property has been sold, may receive on behalf of such person his share of the proceeds of suc…

The costs of partition, including reasonable counsel fees, expended by the plaintiff or any of the defendants, for the common benefit, fees of referees, and other disbursements, must be paid by the parties respectively entitled to share in the lands divided, in proportion to thei…

If it appears that other actions or proceedings have been necessarily prosecuted or defended by any one of the tenants in common for the protection, confirmation, or perfecting of the title, or setting the boundaries, or making a survey or surveys of the estate partitioned, the c…

Liens. All steamers, vessels, and boats are liable: 1. For services rendered on board at the request of, or on contract with, their respective owners, masters, agents, or consignees. 2. For supplies furnished in Guam for their use, at the request of their respective owners, maste…

The summons and copy of the complaint must be served on the owners if they can be found; otherwise, they may be served on the master, mate, or person having charge of the steamer, vessel, or boat. SOURCE: CCP § 816.

The plaintiff, at the time of issuing the summons, or at any time afterwards, may have the steamer, vessel, or boat, with its tackle, apparel, and furniture, attached as security for the satisfaction of any judgment that may be recovered in the action. SOURCE: CCP § 817.

The clerk of the court must issue a writ of attachment, on the application of the plaintiff, upon receiving a written undertaking on behalf of the plaintiff, executed by two or more sufficient sureties, to the effect that if the judgment be rendered in favor of the owner of the s…

The writ must be directed to the Chief of Police of Guam and direct him to attach such steamer, vessel, or boat, with its tackle, apparel, and furniture, and keep the same in his custody until discharged in due course of law. SOURCE: CCP § 819.

The Chief of Police to whom the writ is directed and delivered must execute it without delay, and must attach and keep in his custody the steamer, vessel, or boat named therein, with its tackle, apparel, and furniture, until discharged in due course of law; but he is not authoriz…

The owner, or the master, agent, or consignee of the steamer, vessel, or boat, may, on behalf of the owner, appear and answer, or plead to the action; and may except to the sufficiency of the sureties on the undertaking filed on behalf of the plaintiff, and may require sureties t…

After the attachment is levied, the owner, or the master, agent, or consignee of the steamer, vessel, or boat, may, in behalf of the owner, have the attachment discharged, upon giving to the Chief of Police an undertaking of at least two sufficient sureties in an amount sufficien…

After the appearance in the action of the owner, the attachment may, on motion, also be discharged in the same manner, and on like terms and COL2102014 conditions, as attachments in other cases, subject to the provisions of § 24513 of this Article. SOURCE: CCP § 823.

If the attachment be not discharged, and a judgment be recovered in the action in favor of the plaintiff, and an execution be issued thereon, the Chief of Police must sell at public auction, after publication of notice of such sale for ten (10) days, the steamer, vessel, or boat,…