21 Guam Code Ann. § 43102
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Terms Used In 21 Guam Code Ann. § 43102
- 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. See
- 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.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
If the claimant be married, the homestead may be selected: (a) from the community property; or
(b) from the property held by the spouses as co-tenants in tenancy in
common or in joint tenancy or from the separate property of the husband or the wife.
When the claimant is not married but is the head of a family within the meaning of § 43124 of this Article, the homestead may be selected from any of his or her property. If the claimant be an unmarried person, other than the head of a family, the homestead may be selected from any of his or her property. Property within the meaning of this Article, includes any freehold title, interest or estate which vests in the claimant the immediate right of possession, even though such a right of possession is not exclusive, and includes land held under long-term lease, as specified in § 43101 of this Article, and ownership rights in a condominium, planned development, stock, cooperative or community apartment project even though the title, interest or estate of the condominium, planned development, stock
(b) from the property held by the spouses as co-tenants in tenancy in
common or in joint tenancy or from the separate property of the husband or the wife.
When the claimant is not married but is the head of a family within the meaning of § 43124 of this Article, the homestead may be selected from any of his or her property. If the claimant be an unmarried person, other than the head of a family, the homestead may be selected from any of his or her property. Property within the meaning of this Article, includes any freehold title, interest or estate which vests in the claimant the immediate right of possession, even though such a right of possession is not exclusive, and includes land held under long-term lease, as specified in § 43101 of this Article, and ownership rights in a condominium, planned development, stock, cooperative or community apartment project even though the title, interest or estate of the condominium, planned development, stock
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21 Guam Code Ann. REAL PROPERTY
CH. 43 HOMESTEADS
cooperative or community apartment project is in a leasehold or sublease hold.
SOURCE: CC ‘1238. R/R by P.L. 15-113:9.
NOTE: CC ‘1239 was repealed by P.L. 15-113:22.