Any court that has entered an original decree of marital annulment, dissolution, or legal separation and determined a division of the property shall reopen the case upon the motion of either party to the original decree if the moving party alleges all of the following regarding any assets belonging to either or both of the parties:

(1) The assets existed at the time of the entry of the decree;

Terms Used In South Dakota Codified Laws 25-4-75

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2

(2) The assets were not encompassed by the original decree; and

(3) The assets are currently more than de minimus assets.

Source: SL 2013, ch 118, § 1.