§ 43-31-1 Homestead exempt from judicial sale, judgment lien, and mesne or final process–Mobile homes–Senior citizens
§ 43-31-2 Homestead limited to house or mobile home and appurtenant buildings–Business place–Minimum size of mobile home
§ 43-31-3 Homestead containing one or more lots or tracts of land–Contiguous tracts–Use in good faith
§ 43-31-4 Limited area of homestead–Mineral lands
§ 43-31-5 Homestead exemption does not apply to gold and silver mines and mills
§ 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
§ 43-31-7 Marking off and platting of homestead–Exception
§ 43-31-8 Description of homestead–Recording
§ 43-31-9 Change of homestead–Metes and bounds–Record of description–Prior conveyances or liens not prejudiced–Effect of nonconcurrence of spouse
§ 43-31-10 Change of homestead reserved by order of court for minor children–Petition–Notice–Prior conveyances or liens not prejudiced
§ 43-31-11 New homestead–Extent of exemption
§ 43-31-12 Disagreement as to extent of homestead–Determination by circuit court
§ 43-31-13 Possession and occupancy of homestead–Surviving spouse–Minor children
§ 43-31-13.1 Owner’s absence pursuant to protection order not waiver or abandonment of owner’s interest
§ 43-31-14 Family defined
§ 43-31-15 Descent of homestead–Exemption from debts of owner–Exception
§ 43-31-16 Sale of homestead for payment of debts where no husband or wife surviving, and no issue
§ 43-31-17 Execution by husband and wife necessary for conveyance or encumbrance–Exception for prisoner of war or missing in action
§ 43-31-18 Application by spouse of protected person for conveyance or encumbrance by conservator
§ 43-31-19 Application for order requiring guardian of mentally ill or incompetent spouse to join in conveyance or mortgage of homestead–Verification–Contents
§ 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
§ 43-31-21 Service of application and order for conservator of incapacitated spouse to join in conveyance or mortgage of homestead
§ 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
§ 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
§ 43-31-24 Court determination as to incapacity–Order to conservator to join in conveyance or encumbrance
§ 43-31-25 Appointment of conservator to join in conveyance or encumbrance for incapacitated spouse–No bond–Termination of conservatorship
§ 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
§ 43-31-27 Devise or bequest of homestead subject to rights of surviving spouse
§ 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

Terms Used In South Dakota Codified Laws > Title 43 > Chapter 31 - Homestead Exemption

  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • 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.
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testator: A male person who leaves a will at death.