Title 43 — PROPERTY
57 chapters · 841 sections in this title.
SDCL § 43-46-1 Joint owners' liability for debts and obligations of deceased joint owner
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Upon the death of either, or any, of the joint owners of real or personal property in joint tenancy, with right of survivorship, the surviving joint owner or owners shall be liable for the debts and obligations of the deceased joint owner, or owners, under the conditions set fort…
SDCL § 43-46-2 Right of action of creditor or representative of deceased joint owner
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Unless a settlement is made with the surviving joint owner or owners, a creditor or personal representative of the deceased joint owner may institute an action in any court of competent jurisdiction, within six months after the death of the deceased joint owner, against the survi…
SDCL § 43-46-3 Proof of insufficient other property of deceased joint owner to pay debts
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In any action instituted by a creditor or personal representative of such deceased joint owner, as specified in § 43-46-2 , the person instituting such action shall allege and prove that there is not sufficient other property standing in the name of the deceased joint owner at th…
SDCL § 43-46-4 Limitation on amount of liability of surviving joint owner
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The surviving joint owner shall be liable to the creditors or personal representative of the deceased joint owner for the lawful debts and obligations of the deceased joint owner only to an amount equal to the value of the amount contributed to the jointly owned property by the d…
SDCL § 43-46-5 Joinder of surviving joint owners in action--Right of contribution
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In any case where a deceased joint owner had more than one joint tenancy at the time of his death, all of the surviving joint owners therein shall be jointly and severally liable to the creditors or personal representative of the deceased joint owner as herein provided and any su…