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 COL120106 CH. 43 HOMESTEADS may convey or encumber the homestead property in the same manner and to the same extent as though no homestead had been declared.