Guam § 1009 - Surviving Spouse's Personal Liability for Deceased Spouse's

§ 1009. Surviving Spouse's Personal Liability for Deceased Spouse's

Debts Chargeable Against Community Property; Exception.

(a) Except as provided for by Section 2729(b) of this Title, upon the

death of a married person, the surviving spouse is personally liable for

the debts of the deceased spouse chargeable against the community

property, unless the interests of both spouses in the community property

are administered under the provisions of Division 3 of this Title as

provided in Section 1005(b) of this Title. The personal liability shall not

exceed the value at the date of death, less the amount of any liens and

encumbrances, of the interest which is not exempt from execution of the

surviving spouse in the community property immediately prior to death

of the deceased spouse, plus the interest of the deceased spouse passing

to the surviving spouse without administration.

(b) If proceedings are commenced in Guam for the administration of

the estate of the deceased spouse and notice to creditors has been given

by the personal representative, any action upon the liability of the

surviving spouse pursuant to subsection (a) of this Section shall be

barred to the same extent as provided for claims under Section 2521 of

this Title, except as to the following:

(1) Creditors who had commenced judicial proceedings for the

enforcement of the debts and had served the surviving spouse with

process prior to the date of the last publication of the notice to

creditors;

(2) Creditors who secure the acknowledgment in writing of the

liability of the surviving spouse for the debts;

(3) Creditors who file a timely claim in the proceedings.

(c) Except as provided in subsection (b) of this Section, any debt

described in subsection (a) of this Section may be enforced against the

surviving spouse in the same manner as it could have been enforced

against the deceased spouse if the deceased spouse had not died. In any

action based upon such debt, the surviving spouse may assert any

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defenses, counterclaims or setoffs which would have been available to

the deceased spouse if the deceased spouse had not died.