How does the court decide how to divide the property?
The Guam Code provide: “If the decree be rendered on any other ground than that of adultery or extreme cruelty, the community property shall be equally divided between the parties.” This is often easier said than done. The property aspects of some divorces are complicated, and must be studied on a case by case basis. Generally, the law requires that the community estate be divided equally if there is no written agreement to the contrary. This means that from the total fair market value of the community assets, the joint obligations of the parties are subtracted, yielding the net community estate. Unless agreed otherwise, each spouse must receive of the net community estate.
