Chapter 6

19 GCA PERSONAL RELATIONS CH. 6 COMMUNITY PROPERTY 1 CHAPTER 6 COMMUNITY PROPERTY § 6101. Classes of Property. § 6102. Definition of Separate and Community Debts. § 6103. Priorities for Satisfaction of Separate Deb ts. § 6104. Priorities for Satisfaction of Community De bts. § 6105. Presumption of Community Property. § 6106. Transfers, Conveyances, Encumbrances & Leas es of Real Property: When Joinder Required. § 6107. Management and Control of Community Persona l Property. § 6108. Joinder of Minor Spouse in Conveyances, Mor tgages and Leases. § 6109. Disposition and Management of Real Propert y Without Joinder and Management of Community Personal Property Subje ct to Management of One Spouse Alone Where Spouse Has Disappeared or is Adjudged Incompetent. § 6110. Judgment to be Recorded. § 6111. Property Relations. § 6112. Written Contracts Between Spouses. § 6113. Inventory of Separate Personal Property. § 6114. Tenant by Curtesy or Dower Estate on Death of Spouse. NOTE: Chapter III of Division I, Title I, (shown as Title II in P.L. 15-113:2 in an apparent typographical error) Husband and Wife (§§ 155-181, Civil Code) was repealed by P.L.

te on Death of Spouse. NOTE: Chapter III of Division I, Title I, (shown as Title II in P.L. 15-113:2 in an apparent typographical error) Husband and Wife (§§ 155-181, Civil Code) was repealed by P.L. 15-113:2 and a new Chapter III , Community Property, was enacted in its place as §§ 155-168. These Sections are renumbered by the Compiler as §§ 6101-6114, 19 GCA. The final version of this Chapter was taken from Ca lifornia law since the prior Guam law also cam from California and this am endment was merely to bring the Guam law of Community Property up to date (at the time), not to radically alter that law. § 6101. Classes of Property . (a) Separate property means: (1) property acquired by either spouse before marri age or after entry of a decree of dissolution of marriage; COL124201519 GCA PERSONAL RELATIONS CH. 6 COMMUNITY PROPERTY 2 (2) property and earnings of a spouse and the minor children living with, or in the custody of, the spouse, while livin g separate and apart from the other spouse; (3) property acquired after entry of a decree enter ed pursuant to § 8401 of this Title unless the decree provides other wise; (4) property or money paid by or on behalf of a mar ried

e other spouse; (3) property acquired after entry of a decree enter ed pursuant to § 8401 of this Title unless the decree provides other wise; (4) property or money paid by or on behalf of a mar ried person to his spouse in satisfaction of a judgment for damage s 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 j udgment or decree of any court having jurisdiction; (6) property acquired by either spouse by gift, beq uest, devise or descent; (7) property designated as separate property by a w ritten agreement between the spouses; and (8) each spouse's undivided interest in property ow ned in whole or in part by the spouses as co-tenants in joint tenan cy 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 s pouses in a proceeding for dissolution of marriage, community property includes all real or personal property owned by a married person domi ciled in Guam, wherever situated and whenever acquired: (1) by

es in a proceeding for dissolution of marriage, community property includes all real or personal property owned by a married person domi ciled in Guam, wherever situated and whenever acquired: (1) by either spouse while domiciled outside of Gua m which would have been community property had the spouse a cquiring 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 acquirin g 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 a cquired, and all real property situated in Guam, if acquired: COL124201519 GCA PERSONAL RELATIONS CH. 6 COMMUNITY PROPERTY 3 (1) by either spouse while domiciled outside of Gua m which would have been community property had the spouse a cquiring 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 acquirin g it had been domiciled in Guam at the

iciled 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 acquirin g 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 hol ding, including but not limited to the incident of the right of survivorshi p of joint tenancy, are not altered by this Chapter except as provided in §§ 61 03, 6104 and 6106 of this Chapter. (g) The respective interests of the husband and wif e in community property during continuance of the marriage relatio n are present, existing and equal interests. This subsection shall be const rued as defining the respective interests and rights of husband and wife in community property. (h) Neither husband nor wife has any interest in th e separate property of the other, except as provided in § 6105, but neithe r 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

§ 6105, but neithe r 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. § 6102. Definition of Separate and Community Debts . (a) Separate debt means: (1) a debt contracted or incurred by a spouse befor e marriage or after entry of a decree of dissolution of marriage; (2) a debt contracted or incurred by a spouse after entry of a decree entered pursuant to § 8401 of this Title unless the decree provides otherwise; (3) a debt designated as a separate debt of a spous e by a judgment or decree of any court having jurisdiction; COL124201519 GCA PERSONAL RELATIONS CH. 6 COMMUNITY PROPERTY 4 (4) a debt contracted by a spouse during marriage w hich is identified by a spouse to the creditor in writing a t the time of its creation as the separate debt of the contracting sp ouse; or (5) a debt which arises from a tort committed by a spouse before marriage or

ed by a spouse to the creditor in writing a t the time of its creation as the separate debt of the contracting sp ouse; or (5) a debt which arises from a tort committed by a spouse before marriage or after entry of a decree of dissolution of marriage, a tort committed by one spouse against the other spouse or a separate tort committed during marriage. (b) Community debt means a debt contracted or incurred by either or both spouses during marriage which is not a separat e debt. (c) As used in Paragraph (5) of Subsection (a) of t his Section, separate tort means an act or omission which occurred while the married person was performing an activity not for the benefit of the c ommunity. SOURCE: CC § 156 enacted by P.L. 15-113:2. § 6103. Priorities for Satisfaction of Separate Deb ts . (a) The separate debt of a spouse shall be satisfie d first from the debtor spouse's separate property, excluding that spouse's interest in property in which each of the spouses owns an undivided equal i nterest as a joint tenant or tenant in common. Should such property be insuff icient, then the debt shall be satisfied from the debtor spouse's one-hal f (1/2) interest in the community property or in

terest as a joint tenant or tenant in common. Should such property be insuff icient, then the debt shall be satisfied from the debtor spouse's one-hal f (1/2) interest in the community property or in which each spouse owns an undivided equal interest as a joint tenant or tenant in common, exc luding the residence of the spouses. Should such property be insufficient, then the debt shall be satisfied from the debtor spouse's interest in the residence of the spouses. Neither spouse's interest in community property or separate property shall be liable for the separate debt of the other spouse. (b) This Section shall apply only while both spouse s are living, and shall not apply to the satisfaction of debts after the death of one or both spouses. SOURCE: CC § 157 enacted by P.L. 15-113:2. § 6104. Priorities for Satisfaction of Community De bts . (a) Community debts shall be satisfied first from a ll community property and all property in which the spouses own an undivided equal interest as joint tenants or tenants in common, exc luding the residence of the spouses. Should such property be insufficient, comm unity debts shall then be COL124201519 GCA PERSONAL RELATIONS CH.

l interest as joint tenants or tenants in common, exc luding the residence of the spouses. Should such property be insufficient, comm unity debts shall then be COL124201519 GCA PERSONAL RELATIONS CH. 6 COMMUNITY PROPERTY 5 satisfied from the residence of the spouses. Should such property be insuf- ficient, only the separate property of the spouse w ho contracted or incurred the debt shall be liable for its satisfaction. If b oth spouses contracted or incurred the debt, the separate property of both sp ouses is jointly and severally liable for its satisfaction. (b) This Section shall apply only while both spouse s are living, and shall not apply to the satisfaction of debts after the death of one or both spouses. SOURCE: CC § 158 enacted by P.L. 15-113:2. § 6105. Presumption of Community Property: Presumpt ion of Separate Property Where Property Acquired by a Married Woman Prior to July 1, 1980. (a) Property acquired during marriage by either hus band or wife, or both, is presumed to be community property. (b) Property or any interest therein acquired durin g marriage by a woman by an instrument in writing, in her name alon e, or in her name and the name of another person not her

be community property. (b) Property or any interest therein acquired durin g marriage by a woman by an instrument in writing, in her name alon e, or in her name and the name of another person not her husband, is pres umed to be the separate property of the married woman if the instrument in writing was delivered and accepted prior to July 1, 1980. The date of exe cution or, in the absence of a date of execution, the date of acknowledgment, is presumed to be the date upon which delivery and acceptance occurred. (c) The presumptions contained in Subsection (b) of this Section are conclusive in favor of any person dealing in good f aith and for valuable consideration with a married woman or her legal rep resentative or successor in interest. SOURCE: CC § 159 enacted by P.L. 15-113:2. § 6106. Transfers, Conveyances, Encumbrances and Le ases of Real Property: When Joinder Required . (a) Except as otherwise provided in this Subsection and § 6109, either spouse has the management and control of the commun ity real property, whether acquired prior to or after July 1, 1980, bu t both spouses must join in all transfers, conveyances or encumbrances or contr acts to transfer, convey or

ontrol of the commun ity real property, whether acquired prior to or after July 1, 1980, bu t both spouses must join in all transfers, conveyances or encumbrances or contr acts to transfer, convey or encumber any interest in community real property and separate real property owned by the spouses as co-tenants in join t tenancy or tenancy in common. The spouses must join in all leases of comm unity real property or COL124201519 GCA PERSONAL RELATIONS CH. 6 COMMUNITY PROPERTY 6 separate real property owned by the spouses as co-t enants in joint tenancy or tenancy in common if the initial term of the lease, together with any option or extension contained therein or provided for cont emporaneously, may exceed five (5) years, or if the lease is for an in definite term. Any transfer, conveyance, encumbrance or lease or contr act to transfer, convey, encumber or lease any interest in the community rea l property or in separate real property owned by the spouses as co-tenants in joint tenancy or tenancy in common, attempted to be made by either spouse al one in violation of the provisions of this Section shall be void and of no effect, except that either spouse may transfer, convey,

nancy or tenancy in common, attempted to be made by either spouse al one in violation of the provisions of this Section shall be void and of no effect, except that either spouse may transfer, convey, encumber or lease dire ctly to the other without the other joining therein. Except as provided above, either spouse may transfe r, convey, encumber or lease separate real property without th e other's joinder. (b) Nothing in this Section shall preclude a marrie d person from authorizing his spouse or another person to transfe r, convey, encumber or lease, or contract to transfer, convey, encumber or lease, any community real property, or separate real property owned by the sp ouses as co-tenants in joint tenancy or tenancy in common, pursuant to a v alidly executed power of attorney. SOURCE: CC § 160 enacted by P.L. 15-113:2. § 6107. Management and Control of Community Persona l Property . (a) Except as provided in Subsections (b), (c), (e) and (f) of this Sec- tion, either spouse alone has full power to manage, control, dispose of and encumber the entire community personal property. (b)(1) If only one spouse is named in a document ev idencing ownership of community personal property

as full power to manage, control, dispose of and encumber the entire community personal property. (b)(1) If only one spouse is named in a document ev idencing ownership of community personal property then only the spouse so named may manage, control, dispose of or encumber s uch property. (2) If only one spouse is named or designated in a written agreement between that spouse and a third party as having sole authority to manage, control, dispose of or encumbe r the community personal property which is described in or which is the subject of the agreement, only the spouse so named may manage, con trol, dispose of or encumber such property. (3) This Subsection shall apply whether the agreeme nt was executed prior to or after July 1, 1980. COL124201519 GCA PERSONAL RELATIONS CH. 6 COMMUNITY PROPERTY 7 (c)(1) If both spouses are named in a document evid encing ownership of community personal property then both spouses must join to dispose of or encumber such property. (2) If both spouses are named or designated in a wr itten agreement with a third party as having joint authority to dis pose of or encumber the community personal property which is described in or the subject of the

ses are named or designated in a wr itten agreement with a third party as having joint authority to dis pose of or encumber the community personal property which is described in or the subject of the agreement then both spouses must join to dispos e of or encumber such property. (3) This Subsection shall apply whether the agreeme nt was executed prior to or after July 1, 1980. (d)(1) In a document evidencing ownership of commun ity personal property where the names of the spouses are joined by the word, or, or by the words, and/or, either spouse alone may dispose of or encumber such property. (2) In a document evidencing ownership of community personal property where the names of the spouses are joined by the word, and, both spouses must join to dispose of or encumber su ch property. (e) A spouse may not make a gift of or dispose of c ommunity personal property without a valuable consideration, without the written consent of the other spouse. (f) A spouse may not sell, convey or encumber the f urniture, furnishings or fittings of the home, or the clothing or wearing apparel of the other spouse or minor children which is community personal prope rty, without the written consent of

ber the f urniture, furnishings or fittings of the home, or the clothing or wearing apparel of the other spouse or minor children which is community personal prope rty, without the written consent of the other spouse. (g) Each spouse shall act in good faith with respec t to the other spouse in the management and control of the community pers onal property. SOURCE: CC § 161 enacted by P.L. 15-113:2. § 6108. Joinder of Minor Spouse in Conveyances, Mor tgages and Leases . A minor married person may join with his spouse in all transactions for which joinder is required by §§ 6106 and 6107 of th is Title and such joinder shall have the same force and effect as if the mino r spouse has attained his majority at the time of the execution of the instru ment. SOURCE: CC § 162 enacted by P.L. 15-113:2. COL124201519 GCA PERSONAL RELATIONS CH. 6 COMMUNITY PROPERTY 8 § 6109. Disposition and Management of Real Property Without Joinder and Management of Community Personal Property Subje ct to Manage- ment of One Spouse Alone Where Spouse Has Disappear ed or is Adjudged Incompetent . (a) If a spouse is adjudged incompetent or disappea rs and his location is unknown to the other spouse, the other

- ment of One Spouse Alone Where Spouse Has Disappear ed or is Adjudged Incompetent . (a) If a spouse is adjudged incompetent or disappea rs and his location is unknown to the other spouse, the other spouse may f ile a petition setting forth the facts which make it desirable for the pet itioning spouse to engage in a transaction for which joinder of both spouses is required by § 6106 of § 6107 of this Title or to manage, control, dispose o f or encumber community personal property which the other spouse alone has sole authority to manage, control, dispose of or encumber under § 6107 of thi s Title. (b) The petition shall be filed in the Superior Cou rt. (c) The court shall appoint a guardian ad litem for the incompetent or disappearing spouse and shall allow a reasonable fe e for his services. (d) A notice stating that the petition has been fil ed and specifying the date of the hearing, accompanied by a copy of the p etition shall be issued and served on the guardian ad litem and shall be pu blished once each week for three (3) successive weeks in a newspaper of ge neral circulation. The last such publication shall be made at least ten (10) da ys before the hearing.

litem and shall be pu blished once each week for three (3) successive weeks in a newspaper of ge neral circulation. The last such publication shall be made at least ten (10) da ys before the hearing. (e) After the hearing, and upon determination of th e fact of disappearance by one spouse or the spouse's incompe tence, the court may allow the petitioning spouse alone to engage in the transaction for which joinder of both spouses is required by § 6106 or § 6107 of this Title or to manage, control, dispose of or encumber community p ersonal property which the other spouse alone has authority to manag e, control, dispose of or encumber under § 6107 of this Title. (f) Any transfer, conveyance, encumbrance or lease authorized by the court pursuant to Subsection (e) of this Section sh all be confirmed by order of the court and that order may be recorded in the Department of Land Management. SOURCE: CC § 163 enacted by P.L. 15-113:2. § 6110. Judgment to be Recorded . All court orders authorizing the transfer, conveyan ce, encumbrance or lease of community real property or other real prop erty owned by the COL124201519 GCA PERSONAL RELATIONS CH.

t to be Recorded . All court orders authorizing the transfer, conveyan ce, encumbrance or lease of community real property or other real prop erty owned by the COL124201519 GCA PERSONAL RELATIONS CH. 6 COMMUNITY PROPERTY 9 spouses as co-tenants in joint tenancy or tenancy i n common may be recorded in the Department of Land Management. SOURCE: CC § 164 enacted by P.L. 15-113:2. § 6111. Property Relations . (a) Either husband or wife may enter into any engag ement or transaction with the other, respecting property sub ject, in transaction between themselves, to the general rules which cont rol the actions of persons occupying confidential relations with each other. (b) The provisions of an agreement for support of e ither party shall be deemed to be separate and severable from the provis ions of the agreement relating to property. An order for support of eithe r party based on the agreement shall be law-imposed and shall be made under the power of the court to order spousal support. (c) The mutual consent of the parties is a sufficie nt consideration for such an agreement. (d) (1) Except as provided in Subsections (2) and (3), the provis ions of an agreement for the support of

. (c) The mutual consent of the parties is a sufficie nt consideration for such an agreement. (d) (1) Except as provided in Subsections (2) and (3), the provis ions of an agreement for the support of either party are subject to subsequent modification or termination by court order. (2) An agreement may not be modified or terminated as to an amount that accrued before the date of the filing o f the notice of motion or order to show cause to modify or terminate. (3) An agreement for spousal support may not be modified or revoked to the extent that a written agreement, or, if there is no written agreement, an oral agreement entered into in open c ourt between the parties, specifically provides that the spousal sup port is not subject to modification or termination. (e) If an obligation under an agreement for settlem ent of property to a spouse or for support of a spouse is discharged in bankruptcy, the court may make all proper orders for the support of the spous e, as the court determines are just, having regard for the circumstances of th e parties and the amount of the obligations under the agreement that are discha rged.

rders for the support of the spous e, as the court determines are just, having regard for the circumstances of th e parties and the amount of the obligations under the agreement that are discha rged. (f) Section 6111(b), as amended, and § 6111(d) are effective only with respect to a property settlement agreement entered into after May 15, 2015, COL124201519 GCA PERSONAL RELATIONS CH. 6 COMMUNITY PROPERTY 10 and do not affect an agreement entered into before May 15, 20 15, as to which the § 6111(b) in effect on May 14, 2015 shall apply. SOURCE: CC § 165 enacted by P.L. 15-113:2. Subsection (b) amended by P.L. 33- 026:2 (May 7, 2015). Subsections (d), (e) and (f) added by P.L. 33-026:3 (May 7, 2015). § 6112. Written Contracts Between Spouses . (a) All contracts between husband and wife of which the subject matter is their separate or community property must be in writing and executed and acknowledged or approved in like manner as a grant of land is required to be executed and acknowledged or approved. (b) A minor married person may enter a contract wit h his spouse with the same force and effect as if the minor spouse ha d attained his majority at the time of execution of the

owledged or approved. (b) A minor married person may enter a contract wit h his spouse with the same force and effect as if the minor spouse ha d attained his majority at the time of execution of the contract. (c) The recording or non-recording of such contract has a like effect as the recording or non-recording of a grant of real p roperty. SOURCE: CC § 166 enacted by P.L. 15-113:2. § 6113. Inventory of Separate Personal Property . (a) A full and complete inventory of the separate p ersonal property of either spouse may be made out and signed by such sp ouse, acknowledged in the manner required by law for the acknowledgment o f a grant of real property and recorded in the Department of Land Man agement. (b) The filing of the inventory in the Department o f Land Management is notice and prima facie evidence of the title of the party filing such inventory. SOURCE: CC § 167 enacted by P.L. 15-113:2. § 6114. Tenant by Curtesy or Dower on Death of Spou se . No estate is allowed the husband as tenant by curte sy upon the death of his wife, nor is any estate in dower allowed to the wife upon the death of her husband. ---------- COL1242015 COL1242015