us-gu · Through P.L. 38-133 (June 4, 2026)

21 GCA § 43102: From What Property It May Be Selected.

If the claimant be married, the homestead may be selected:
(a) from the community property; or
(b) from the property held by the spouses as co-tenants in tenancy in common or in joint tenancy or from the separate property of the husband or the wife.
When the claimant is not married but is the head of a family within the meaning of § 43124 of this Article, the homestead may be selected from any of his or her property. If the claimant be an unmarried person, other than the head of a family, the homestead may be selected from any of his or her property. Property within the meaning of this Article, includes any freehold title, interest or estate which vests in the claimant the immediate right of possession, even though such a right of possession is not exclusive, and includes land held under long-term lease, as specified in § 43101 of this Article, and ownership rights in a condominium, planned development, stock, cooperative or community apartment project even though the title, interest or estate of the condominium, planned development, stock cooperative or community apartment project is in a leasehold or sublease hold.

Where this section sits in the code

Title 21: Real Property
Division 1 - Ownership of Real or Immovable Property
Chapter 43: Homesteads
ARTICLE 1: GENERAL PROVISIONS

If the claimant be married, the homestead may be selected:

(a) from the community property; or

(b) from the property held by the spouses as co-tenants in tenancy in common or in joint tenancy or from the separate property of the husband or the wife.

When the claimant is not married but is the head of a family within the meaning of § 43124 of this Article, the homestead may be selected from any of his or her property. If the claimant be an unmarried person, other than the head of a family, the homestead may be selected from any of his or her property. Property within the meaning of this Article, includes any freehold title, interest or estate which vests in the claimant the immediate right of possession, even though such a right of possession is not exclusive, and includes land held under long-term lease, as specified in § 43101 of this Article, and ownership rights in a condominium, planned development, stock, cooperative or community apartment project even though the title, interest or estate of the condominium, planned development, stock cooperative or community apartment project is in a leasehold or sublease hold.

Collected 2026-09-27T04:11:58Z. Source file · JSON

Browse this collection