LEGAL GUIDE
Written by attorney Timothy M. B. Farrell | Jul 21, 2011

CNMI Legal Digest - Holidays to Interest

HOLIDAYS : 1 C.M.C. 311

New Year's Day, January 1; Commonwealth Day, January 9; President's Day, Third Monday in February; Covenant Day, March 24; Good Friday, as designated in the Annual Calendar; Memorial Day, Last Monday in May; Independence Day, July 4; Labor Day, First Monday in September; Columbus Day, Second Monday in October; Citizenship Day, November 4; Veteran's Day, November 11; Thanksgiving Day, Fourth Thursday in November; Constitution Day, December 8; and Christmas Day, December 25. If a holiday falls on a Saturday, it shall be celebrated on the preceding Friday. If it falls on a Sunday, it shall be celebrated on the following Monday. Any legal or contractual obligation due date or act falling on a holiday may be performed on the next business day.

HOMESTEADS : N.M.I. Const. art. XI, § 59.

Public lands are made available for homesteading. In order to establish a homestead, the applicant must clear the brush and put corner markers on the property within six months and build a house within three years. 2 C.M.C. 4307. After three years the government can issue a deed. Once the deed is issued, the homesteader cannot transfer the property for ten years. The property can, however, be mortgaged, so long as all money is put into the property. 2 C.M.C. 4115.

Applicants must be at least 18 and be a citizen of the CNMI and of Northern Marianas descent. 2 C.M.C. 4331. Applicants can have up to one village and one farm tract.

HUSBAND AND WIFE : 8 C.M.C. 1201

Requisites - A man must be at least 18. A woman can be 16, but if she is under the age of 18, she is required to have the consent of at least one of her parents or her guardian. Neither of the parties can have a lawful spouse living. A marriage ceremony must be performed by an authorized person. Approval from the governor or a mayor is required before a non-citizen can marry. 8 C.M.C. 1202.

Separate property - 8 C.M.C. 1820. Separate property consists of property that is brought into the marriage as his or her own, acquired during the marriage by gift, devise or inheritance, or acquired in exchange for other separate property; from appreciation to the spouse's individual property; property decreed separate property by a marital property agreement; as a recovery for personal injury, except that amount attributable to expenses paid by the community. Each spouse has the right to manage and freely dispose of his or her separate estate.

Marital property - All property of the spouses is presumed to be marital property. Each spouse has a present undivided one-half interest in marital property. Income earned or accrued by a spouse or attributable to property of a spouse during the marriage and after the determination date is marital property.

Mixed Property - Mixing marital property with property having any other classification, reclassifies the other property to marital property unless the component of the mixed property that is not marital property can be traced. Application by one spouse of substantial labor, effort, inventiveness, physical or intellectual skill, creativity, or managerial activity on individual property of the other spouse creates marital property attributable to that application if reasonable compensation is not received for the application and substantial appreciation of the individual property of the other spouse results from the application.

INTEREST : 7 C.M.C. 4101

Every judgment for the payment of money bears an interest rate of nine (9) percent a year from the date it is entered

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