South Dakota Codified Laws 21-44-27. Spousal joint tenancy termination
If the spouse of a decedent is the sole surviving joint tenant in real property, any interested person may terminate the joint tenancy by furnishing the register of deeds of the county where the property is located with an affidavit setting forth the following:
(1) The name and date of death of the deceased joint tenant;
Terms Used In South Dakota Codified Laws 21-44-27
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Decedent: A deceased person.
- Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(2) The legal description of the real property held in joint tenancy;
(3) The name of the surviving spouse of the deceased joint tenant;
(4) That the surviving spouse of the deceased joint tenant is the sole surviving joint tenant in the real property.
The affidavit shall be accompanied by a certified copy of the death certificate of the deceased joint tenant.
Source: SL 1995, ch 119; SL 1996, ch 149; SL 1999, ch 114, § 1; SL 2021, ch 34, § 5.