15 GCA § 2405: Vesting of Homestead; Exemption From Liability for Debts.
Where this section sits in the code
- Title 15: Estates and Probate
- Division 3 - Administration of Decedents’ Estates
- Chapter 24: Support of Family: Homestead and Exempt Property; Family Allowance
(a) If the homestead selected by the husband and wife, or either of them, during their coverture, and recorded while both were living, was selected from the community property, or from property to which Section 1101 of this Title is applicable, or from the separate property of the person selecting or joining in the selection of the same, it vests, on the death of either spouse, absolutely in the survivor.
(b) If the homestead was selected from the separate property of the decedent, the decedent not having joined therein, it vests, on death, in the decedent's heirs or devisees, subject to the power of the Superior Court to set it apart for a limited period to the family of the decedent, as provided in Section 2409 of this Title.
(c) No homestead referred to in subsections (a) or (b) of this Section is subject to the payment of any debt or liability existing against the spouses or either of them, at the time of the death of either, except as provided in the Civil Code of Guam.
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