Terms Used In 7 Guam Code Ann. § 24412

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
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 remainder, the court may, and in the latter case must, order the sale thereof; otherwise, upon the requisite proof being made, it must order a partition according to the respective rights of the

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7 Guam Code Ann. CIVIL PROCEDURE
CH. 24 ACTIONS IN PARTICULAR CASES

parties as ascertained by the court and may appoint a referee or referees therefor, and must designate the portion to remain undivided for the owners whose interests remain unknown, or are not ascertained.

SOURCE: CCP § 763. There was no Guam CCP § 762.