Guam § 6109 - Disposition and Management of Real Property Without Joinder

§ 6109. Disposition and Management of Real Property Without Joinder

and Management of Community Personal Property Subject to Manage-

ment of One Spouse Alone Where Spouse Has Disappeared or is

Adjudged Incompetent.

(a) If a spouse is adjudged incompetent or disappears and his location is

unknown to the other spouse, the other spouse may file a petition setting

forth the facts which make it desirable for the petitioning 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 of or encumber community

personal property which the other spouse alone has sole authority to manage,

control, dispose of or encumber under § 6107 of this Title.

(b) The petition shall be filed in the Superior Court.

(c) The court shall appoint a guardian ad litem for the incompetent or

disappearing spouse and shall allow a reasonable fee for his services.

(d) A notice stating that the petition has been filed and specifying the

date of the hearing, accompanied by a copy of the petition shall be issued

and served on the guardian ad litem and shall be published once each week

for three (3) successive weeks in a newspaper of general circulation. The last

such publication shall be made at least ten (10) days before the hearing.

(e) After the hearing, and upon determination of the fact of

disappearance by one spouse or the spouse's incompetence, 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 personal property

which the other spouse alone has authority to manage, 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 shall be confirmed by order

of the court and that order may be recorded in the Department of Land

Management.