Title 43 — PROPERTY
57 chapters · 841 sections in this title.
Homestead exempt from judicial sale, judgment lien, and mesne or final process--Mobile homes--Senior citizens
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The homestead, including a homestead listed for sale, of every family, resident in this state, so long as it continues to possess the character of a homestead is exempt from judicial sale, from judgment lien, and from all mesne or final process from any court, to the extent and a…
SDCL § 43-31-10 Change of homestead reserved by order of court for minor children--Petition--Notice--Prior conveyances or liens not prejudiced
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If any court by order has reserved a homestead according to law for the use, occupancy, or possession of any surviving minor children of a decedent, or any minor, such court may, during the minority of such minor, on the filing of an application by any person interested in the pr…
SDCL § 43-31-11 New homestead--Extent of exemption
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The new homestead shall in all cases be exempt to the same extent and in the same manner as the old or former homestead was exempt. Source: SL 1874-5, ch 37 , § 13; PolC 1877, ch 38, § 13; CL 1887, § 2461; RPolC 1903, § 3229; RC 1919, § 464; SDC 1939, § 51.1714; SL 1961, ch 263 .
SDCL § 43-31-12 Disagreement as to extent of homestead--Determination by circuit court
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When a disagreement takes place between the owner and any person adversely interested, as to whether any land or buildings are properly a part of the homestead, it shall be competent for the circuit court in any proper case to determine such question and all questions relating th…
SDCL § 43-31-13 Possession and occupancy of homestead--Surviving spouse--Minor children
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Upon the death of either husband or wife, the survivor may continue to possess and occupy the whole homestead until it is otherwise disposed of according to law; and upon the death of both husband and wife the children may continue to possess and occupy the whole homestead until …
SDCL § 43-31-13.1 Owner's absence pursuant to protection order not waiver or abandonment of owner's interest
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If an owner is required to leave a homestead pursuant to a protection order obtained by the owner's spouse or to otherwise preserve peace in the home, the owner's absence from the homestead may not be considered a waiver or abandonment of the owner's interest in the homestead, un…
SDCL § 43-31-14 Family defined
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A widow or widower, though without children, while continuing to occupy the homestead used as such at the time of the death of the husband or wife, or any family, whether consisting of one or more persons in actual occupancy of a homestead as defined in this code, shall be deemed…
SDCL § 43-31-15 Descent of homestead--Exemption from debts of owner--Exception
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Such homestead shall descend according to the law of succession as provided by Title 29A, unless otherwise directed or disposed of by will, and shall be held exempt from any antecedent debt of the parent, and if it descends to the issue of either husband or wife it shall be held …
SDCL § 43-31-16 Sale of homestead for payment of debts where no husband or wife surviving, and no issue
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If there be no husband or wife surviving, and no issue, the homestead shall be liable to be sold for the payment of any debts to which it might at that time be subjected if it had never been held as a homestead. Source: SL 1874-5, ch 37 , § 17; PolC 1877, ch 38, § 17; CL 1887, § …
SDCL § 43-31-17 Execution by husband and wife necessary for conveyance or encumbrance--Exception for prisoner of war or missing in action
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A conveyance or encumbrance of a homestead by its owner, if married and both husband and wife are residents of this state, is valid if both husband and wife concur in and sign or execute such conveyance or encumbrance either by joint instrument or by separate instruments. However…
SDCL § 43-31-18 Application by spouse of protected person for conveyance or encumbrance by conservator
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If the spouse of a protected person is the owner of a homestead, such spouse may make application to the circuit court for any county where such homestead, or any part thereof, is located for an order directing the conservator of such protected person to join with such spouse in …
SDCL § 43-31-19 Application for order requiring guardian of mentally ill or incompetent spouse to join in conveyance or mortgage of homestead--Verification--Contents
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An application for the order provided for in § 43-31-18 must be duly verified and must state fully the facts on which the application is based. Source: SDC 1939, § 51.1705.
SDCL § 43-31-2 Homestead limited to house or mobile home and appurtenant buildings--Business place--Minimum size of mobile home
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The homestead embraces the house used as a home by the owner of it, being either, real property or a mobile home, and if the owner has two or more houses or mobile homes thus used at different times and places, the owner shall select which he or she will retain as a homestead. Th…
SDCL § 43-31-20 Time and place for hearing application for order requiring guardian of mentally ill or incompetent spouse to join in conveyance or mortgage of homestead--Order fixing
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Upon such application being filed the court must make an order fixing a time and place for hearing, which time must be at least twenty days from the filing of the application. Source: SDC 1939, § 51.1705.
SDCL § 43-31-21 Service of application and order for conservator of incapacitated spouse to join in conveyance or mortgage of homestead
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Service of such application and order shall be made at least ten days prior to the time fixed for such hearing and shall be made in the same manner as service of a summons in a civil action and shall be made upon the person alleged to be incapacitated, in any case where there has…
SDCL § 43-31-22 Appointment of guardian ad litem on whom service of application and order may be made to require incapacitated spouse to join in conveyance or mortgage of homestead
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If there has been an adjudication of incapacity but no such conservator is acting, the court shall appoint a guardian ad litem on whom such service shall be made, and the guardian ad litem shall represent and protect throughout the proceedings the rights of the person adjudged to…
SDCL § 43-31-23 Order of court on application to require guardian of mentally ill or incompetent spouse to join in conveyance or mortgage of homestead--Findings of fact and conclusions of law
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At the conclusion of such hearing, the court must make findings of fact and conclusions of law as the basis of such order as may be entered. Source: SDC 1939, § 51.1705.
SDCL § 43-31-24 Court determination as to incapacity--Order to conservator to join in conveyance or encumbrance
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If the court determines that such incapacitated person has been in an incapacitated condition for at least three years, or that such condition is incurable, it may make an order directing the conservator to join in such conveyance or encumbrance with the same effect as if such in…
SDCL § 43-31-25 Appointment of conservator to join in conveyance or encumbrance for incapacitated spouse--No bond--Termination of conservatorship
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If there is no conservator of such incapacitated person, such application shall be deemed to include an application for appointment of such conservator, and if the application is granted, the order shall include an appointment of such conservator and if such incapacitated person …
SDCL § 43-31-26 Recording of certified copy of order requiring guardian of mentally ill or incompetent spouse to join in conveyance or mortgage of homestead
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A duly certified copy of such order shall be recorded in the office of the register of deeds of the county where such homestead, or any part thereof, is located. Source: SDC 1939, § 51.1704.
SDCL § 43-31-27 Devise or bequest of homestead subject to rights of surviving spouse
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Subject to the rights of the surviving husband or wife as declared by law, the homestead, if consisting of real property, may be devised like other real property of the testator, or if a mobile home may be bequeathed like other personal property of the testator. Source: SL 1874-5…
SDCL § 43-31-28 Repealed by SL 1986, ch 27 , § 46
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43-31-29 Homestead liable for accrued taxes--Sale for payment of taxes certified and recorded--Exceptions. = 43-31-30 Certain federal bankruptcy exemptions not available. 43-31-31 Repealed. 43-31-32 Repealed. 43-31-33 Repealed. 43-31-34 Repealed. 43-31-35 Repealed. 43-31-36 Repea…
SDCL § 43-31-29 Homestead liable for accrued taxes--Sale for payment of taxes certified and recorded--Exceptions
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The homestead shall be liable for taxes accruing thereon, and if certified and recorded as hereinbefore directed, shall be liable only for such taxes, and may be sold to pay the same except as provided in §§ 10-23-7 , 43-31-1 , or
SDCL § 43-31-3 Homestead containing one or more lots or tracts of land--Contiguous tracts--Use in good faith
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The homestead may contain one or more lots or tracts of land with the buildings thereon and other appurtenances, subject to the limitations contained in this code, but must in no case embrace different lots and tracts unless they are contiguous, or unless they are habitually and …
SDCL § 43-31-30 Certain federal bankruptcy exemptions not available
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In accordance with the provision of § 522(b) of the Bankruptcy Code of 1978 (11 U.S.C. § 522(b)), residents of this state are not entitled to the federal exemptions provided in § 522(d) of the Bankruptcy Code of 1978 (11 U.S.C. § 522(d)), exemptions which this state specifically …
SDCL § 43-31-31 Repealed
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Source: SL 1994, ch 339 , § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2016, ch 216 , § 1; SL 2023, ch 29 , § 18.
SDCL § 43-31-32 Repealed
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Source: SL 1994, ch 339 , § 2; SL 1997, ch 247 , §§ 1, 2; SL 2023, ch 29 , § 19.
SDCL § 43-31-33 Repealed
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Source: SL 1994, ch 339 , § 3; SL 2016, ch 216 , § 2; SL 2023, ch 29 , § 20.
SDCL § 43-31-34 Repealed
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Source: SL 1994, ch 339 , § 4; SL 2023, ch 29 , § 21.
SDCL § 43-31-35 Repealed
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Source: SL 1994, ch 339 , § 5; SL 2023, ch 29 , § 22.
SDCL § 43-31-36 Repealed
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Source: SL 1994, ch 339 , § 6; SL 2023, ch 29 , § 23.
SDCL § 43-31-37 Repealed
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Source: SL 1994, ch 339 , § 7; SL 2022, ch 31 , § 4, eff. Mar. 18, 2022; SL 2023, ch 29 , § 24.
SDCL § 43-31-38 Repealed
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Source: SL 1994, ch 339 , § 8; SL 2023, ch 29 , § 25.
SDCL § 43-31-39 Repealed
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Source: SL 1994, ch 339 , § 9; SL 2023, ch 29 , § 26.
SDCL § 43-31-4 Limited area of homestead--Mineral lands
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If within a town plat the homestead must not exceed one acre in extent, and if not within a town plat, it must not embrace in the aggregate more than one hundred sixty acres. If the homestead is claimed upon any land, the title or right of possession to which was acquired or clai…
SDCL § 43-31-40 Repealed
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Source: SL 1994, ch 339 , § 10; SL 2023, ch 29 , § 27.
SDCL § 43-31-41 Repealed
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Source: SL 1994, ch 339 , § 11; SL 2016, ch 216 , § 3; SL 2023, ch 29 , § 28.
SDCL § 43-31-5 Homestead exemption does not apply to gold and silver mines and mills
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No lode mining claim embracing any gold or silver mine, nor any gold or silver mill, nor any mill, smelter, or machinery intended or used for the reduction or milling of gold or silver ores shall be susceptible of being claimed or set off as exempt as a homestead. Source: SL 1885…
SDCL § 43-31-6 Selection of homestead, marking, platting, and recording--Execution against unselected homestead--Officer may mark off, plat, and record--Expense embraced in execution
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The owner or the husband or wife may select the homestead, and cause it to be marked off, platted, and recorded as provided in this code. If not so marked off, platted, and recorded, the officer having an execution against the property of such a defendant may cause the homestead …
SDCL § 43-31-7 Marking off and platting of homestead--Exception
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The homestead shall be marked off by fixed and visible monuments and platted, unless the same shall embrace the whole of a subdivision or lot, and in giving the description thereof, then marked off and platted as aforesaid, the direction and distance of the starting point from so…
SDCL § 43-31-8 Description of homestead--Recording
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The description of the homestead, certified and acknowledged by the owner, shall be recorded by the register of deeds of the proper county. Source: SL 1874-5, ch 37 , § 11; PolC 1877, ch 38, § 11; CL 1887, § 2459; RPolC 1903, § 3227; RC 1919, § 462; SDC 1939, §§ 51.1712, 51.1713;…
SDCL § 43-31-9 Change of homestead--Metes and bounds--Record of description--Prior conveyances or liens not prejudiced--Effect of nonconcurrence of spouse
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The owner may from time to time change the limits of the homestead by changing the metes and bounds, as well as the record of the description, or may change it entirely; but such changes shall not prejudice conveyances or liens made or created previously thereto; and no such chan…