19 GCA § 6102
Definition of Separate and Community Debts
View official PDF ↗(a)Separate debt means:
(1)a debt contracted or incurred by a spouse before 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 spouse by a judgment or decree of any court having jurisdiction; COL1242015 CH. 6 COMMUNITY PROPERTY
(4)a debt contracted by a spouse during marriage which is identified by a spouse to the creditor in writing at the time of its creation as the separate debt of the contracting spouse; 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 separate debt.
(c)As used in Paragraph
(5)of Subsection
(a)of this Section, separate tort means an act or omission which occurred while the married person was performing an activity not for the benefit of the community.
§ The story of this section
- Affected by P.L. 15-113 § 2 (bill & sponsor pending — earlier Legislature not yet ingested)
Interpreted by the courts:
- 2017 Guam 3 — Antonio Artero Sablan, Plaintiff-Appellant/Cross-Appellee, v. Patria Untalan Sablan, Defendant-Appellee/Cross-Appellant, (2017) · per Robert J. Torres, J. · pinpoints (a), (b) at ¶64
- 2022 Guam 7 — Gerard A. Cruz, Plaintiff/Counter-Defendant-Appellee, v. Carmelita C. Cruz, Defendant/Counterclaimant-Appellant (2022) · per F. Philip Carbullido, J. · pinpoints (a)(3) at ¶22
Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.