Title 43, PROPERTY

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 …

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…

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…

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 …

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, § …

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…

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 …

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.

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…

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.

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…

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…

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.

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…

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 …

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.

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…

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 43-45-3 . Source: SL 1874-5, ch 37 , § 4; PolC 18…

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 …

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 …

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…

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…

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 …

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…

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;…

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…