Under Guam law, if you are granted a divorce on any grounds other than adultery and extreme cruelty”the community property shall be equally divided between the parties.” 19 GCA 8411. What does it mean to “equally” divide community property?
In the case of Sinalao v. Sinalao, 2005 Guam 24, the Supreme Court of Guam rejected an argument that section 8411 required “mathematical equality.” The Court recognized “that mathematical equality is desirable as a goal to ensure that each party receives an equal division of property; however, more often than not, mathematical equality is difficult to achieve. Rather, we believe the trial court should examine each case’s particular circumstances and consider the overall equality of the award, and revision on appeal will only occur when the division is manifestly unfair.” The Court concluded that a $3,000 difference in the division of community property was not “manifestly unfair” and affirmed the trial court’s award.
This means that people obtaining a divorce on the ground of irreconcilable differences should not expect a “mathematically equal” division of community property, but rather an award of property that is fair to each side.
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Resources:
Sinlao v. Sinlao, 2005 Guam 24 (Supreme Court of Guam decision)
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