19 Guam Code Ann. § 6101
Terms Used In 19 Guam Code Ann. § 6101
- Bequest: Property gifted by will.
- Continuance: Putting off of a hearing ot trial until a later time.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Devise: To gift property by will.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
(1) property acquired by either spouse before marriage or after entry of a decree of dissolution of marriage;
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(2) property and earnings of a spouse and the minor children living with, or in the custody of, the spouse, while living separate and apart from the other spouse;
(3) property acquired after entry of a decree entered pursuant to § 8401 of this Title unless the decree provides otherwise;
(4) property or money paid by or on behalf of a married person to his spouse in satisfaction of a judgment for damages for personal injuries to the spouse or pursuant to an agreement for the settlement or compromise of a claim for such damages;
(5) property designated as separate property by a judgment or decree of any court having jurisdiction;
(6) property acquired by either spouse by gift, bequest, devise or descent;
(7) property designated as separate property by a written agreement between the spouses; and
(8) each spouse’s undivided interest in property owned in whole or in part by the spouses as co-tenants in joint tenancy or as co-tenants in tenancy in common.
(b) Community property means property acquired by either spouse during marriage which is not separate property.
(c) For purposes of dividing property between the spouses in a proceeding for dissolution of marriage, community property includes all real or personal property owned by a married person domiciled in Guam, wherever situated and whenever acquired:
(1) by either spouse while domiciled outside of Guam which would have been community property had the spouse acquiring it been domiciled in Guam at the time of acquisition; or
(2) any property acquired in exchange for property which would have been community property if the spouse acquiring it had been domiciled in Guam at the time of acquisition.
(d) For purposes of determining the property rights of a surviving spouse upon the death of the other spouse, community property includes all personal property, wherever situated and whenever acquired, and all real property situated in Guam, if acquired:
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(1) by either spouse while domiciled outside of Guam which would have been community property had the spouse acquiring it been domiciled in Guam at the time of acquisition; or
(2) any property acquired in exchange for property which would have been community property if the spouse acquiring it had been domiciled in Guam at the time of acquisition.
(e) Property includes the rents, issues and profits thereof.
(f) The right of husband and wife to hold property as joint tenants or as tenants in common and the legal incidents of so holding, including but not limited to the incident of the right of survivorship of joint tenancy, are not altered by this Chapter except as provided in §§ 6103, 6104 and 6106 of this Chapter.
(g) The respective interests of the husband and wife in community property during continuance of the marriage relation are present, existing and equal interests. This subsection shall be construed as defining the respective interests and rights of husband and wife in community property.
(h) Neither husband nor wife has any interest in the separate property of the other, except as provided in § 6105, but neither can be excluded from the other’s dwelling except pursuant to a court order. The Superior Court may order the temporary exclusion of either party from the family dwelling or from the dwelling of the other upon a showing that physical or emotional harm might result otherwise or for such other good cause as the court may state in such an order.
SOURCE: CC § 155 enacted by P.L. 15-113:2.