Title 25, DOMESTIC RELATIONS

A husband and wife cannot by any contract with each other alter their legal relations, except as to property, and except that they may agree in writing to an immediate separation and may make provision for the support of either of them and of their children during such separation…

Neither husband nor wife as such is answerable for the acts of the other. Source: SDC 1939, § 14.0206.

For any injury to his or her reputation, person, or property, a person may sue in his or her own name without joining his or her spouse as a party plaintiff. Actions founded upon a person's separate contracts or torts or relating to his or her individual property may be brought w…

Terms as used in §§ 25-2-16 to 25-2-25 , inclusive, mean: (1) "Premarital agreement," an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage; (2) "Property," any interest, present or future, legal or equitable, vested or conti…

A premarital agreement shall be in writing and signed by both parties. It is enforceable without consideration. Source: SL 1989, ch 216 , § 2.

(a) Parties to a premarital agreement may contract with respect to: (1) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located; (2) The right to buy, sell, use, transfer, exchange, abandon, leas…

A premarital agreement becomes effective upon marriage. Source: SL 1989, ch 216 , § 4.

After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration. Source: SL 1989, ch 216 , § 5.

(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that: (1) That party did not execute the agreement voluntarily; or (2) The agreement was unconscionable when it was executed and, before execution of the agreement, that party: (i…

If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result. Source: SL 1989, ch 216 , § 7.

Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available …

Sections 25-2-16 to 25-2-25 , inclusive, shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of the Uniform Premarital Agreement Act among states enacting it. Source: SL 1989, ch 216 , § 9.

Sections 25-2-16 to 25-2-25 , inclusive, may be cited as the Uniform Premarital Agreement Act. Source: SL 1989, ch 216 , § 10.

A husband and wife may hold real or personal property together as joint tenants or tenants in common. Source: SDC 1939, § 14.0204.

Neither husband nor wife has any interest in the property of the other, excepting their respective rights for support as specifically provided by law, and except that neither can be excluded from the other's dwelling. Source: SDC 1939, § 14.0203.

A full and complete inventory of the separate personal property of a husband or wife, or both, may be made out and signed by him or her, or both, under oath, and recorded in the office of the register of deeds of the county in which the parties reside. The filing of the inventory…

The separate property of a spouse is not liable for the debts of the other spouse contracted before or after the marriage. Source: SDC 1939, § 14.0206; SL 1984, ch 12 , § 40.

Each spouse shall have and retain after marriage all the civil and property rights of a single person. Each may buy and sell, receive and convey, or dispose of by will, or otherwise dispose of any real or personal property belonging to him or her or in which he or she may have an…

A person may without the consent of his or her spouse convey his or her separate property. Source: SDC 1939, § 14.0204; SL 1984, ch 12 , § 42.