Guam § 43105 - How Conveyed or Encumbered.

§ 43105. How Conveyed or Encumbered.

Except as provided in '163 of the Civil Code of Guam where one (1)

or more spouses is incompetent, and except in the case of a married person's

separate homestead, the homestead of a married person cannot be conveyed

or encumbered unless the instrument by which it is conveyed or

encumbered is executed and acknowledged by both husband and wife or

unless each spouse executes and acknowledges as separate instrument so

conveying or encumbering the homestead in favor of the same party or his

successor in interest; provided, however, that a conveyance of the

homestead between husband and wife need be executed and acknowledged

only by the spouse conveying, and unless the one conveying expressly

reserves his homestead rights, the spouse to whom the conveyance is made

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may convey or encumber the homestead property in the same manner and to

the same extent as though no homestead had been declared.