12-03.Divorce--sufficiency of judgment.
A divorce judgment vesting in the plaintiff the defendant's interest in real property, whether owned solely by said defendant or jointly with said plaintiff, shall be sufficient to vest the defendant's interest in such property, provided that the judgment or the court's file affirmatively shows the following:
(1)The legal description of property;
(2)A statement by the court that should the defendant fail to execute appropriate instrument of conveyance, the decree thus being entered shall act in lieu of such conveyance;
(3)The defendant appeared in said action after having been served either by publication or personally and by such appearance, either stipulated to the entry of judgment and property settlement, which stipulation agreed to the vesting of the property in question or the action was litigated after due appearance at the hearing at which said judgment was ordered.
(4)If there was no appearance by the defendant after being served either personally or by publication, the judgment must affirmatively show further as follows:
(a)If defendant was served personally, that the complaint indicated the action was for the purpose of divesting defendant's interest in the particular property and the complaint set forth in full the legal description of said property.
(b)If the service was by publication, that the summons and complaint indicated the action was for the purpose of divesting defendant's interest in the particular property by full legal description and that the affidavit for publication indicated that the action was for divorce and also for purposes of divesting defendant's interest in real property.
Structure South Dakota Codified Laws
Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards
Section 2-01 - Contracts for deed--deed to vendee.
Section 2-02 - Contract for deed--merger.
Section 2-03 - Contract for deed--conveyances of interests.
Section 2-04 - Contract for deed--transfers by vendor.
Section 2-05 - Contract for deed--vendee's interest.
Section 2-06 - Contract for deed--effect on joint tenancy.
Section 2-07 - Contract for deed--cancellation.
Section 2-08 - Contract for deed--deeds held in escrow.
Section 3-01 - Agricultural/commercial leases.
Section 3-02 - Leases--notice of renewal.
Section 4-01 - Effect of judgment on joint tenancy property.
Section 4-02 - Conveyances to two or more individuals--inclusion of business name.
Section 4-03 - Homestead rights--effect of partnership on.
Section 4-04 - Conveyances by partnership.
Section 4-05 - Conveyances to and by partners.
Section 4-06 - Conveyances by partnership--when proof of authority not required.
Section 4-07 - Conveyances of partnership interest after death of partner.
Section 4-08 - Partnership--effect of dissolution or cessation of business.
Section 4-09 - Partnership--effect of judgments.
Section 4-10 - Deed divests present title of all grantors.
Section 4-11 - Partnership--duration presumed.
Section 5-01 - Affidavit of marital status.
Section 5-02 - Indication of marital status.
Section 5-03 - Recitation of marital status.
Section 5-04 - Failure to include marital status.
Section 5-05 - Recitals of record.
Section 5-06 - Execution by spouse under power of attorney.
Section 5-07 - Deed of homestead.
Section 5-08 - Rule of idem sonans.
Section 5-09 - Use or nonuse of middle names or initials.
Section 5-11 - Name variations.
Section 5-12 - Effect of prefix, suffix and descriptio personae.
Section 5-13 - Statement indicating identity.
Section 5-14 - Variance in name of grantors.
Section 5-15 - Variance between signature or body of deed and acknowledgment.
Section 5-16 - Deceased persons.
Section 5-17 - Conveyance--fictitious persons.
Section 5-18 - Powers of attorney.
Section 5-19 - Durable power of attorney.
Section 5-20 - Grant of power of attorney.
Section 5-21 - Recording power of attorney.
Section 5-22 - Conveyances under authority of power of attorney.
Section 5-23 - Designation of "trustee".
Section 5-24 - Trust conveyances--curative statute.
Section 5-25 - Property in trust.
Section 5-26 - Discrepancy in corporate name.
Section 5-27 - Corporate deed.
Section 5-28 - Corporate existence.
Section 5-29 - Ultra vires not assumed.
Section 5-30 - Corporate acknowledgments.
Section 5-31 - Conveyances to or from unincorporated associations.
Section 5-32 - Authority of unincorporated associations.
Section 5-33 - Conveyance--limited liability company, authority presumed.
Section 5-34 - Execution--corporate or limited liability company.
Section 5-35 - Political subdivisions--no specific standard.
Section 6-01 - Delivery, delay in recordation.
Section 6-02 - Date of acknowledgment.
Section 6-03 - Notary act presumed valid.
Section 6-04 - Expired notary.
Section 6-06 - Lis pendens--effect of judgment.
Section 6-07 - Statute of limitations--lis pendens.
Section 7-01 - Signatures by mark.
Section 7-02 - Alternative grantees.
Section 7-03 - Strangers to title.
Section 7-04 - Quit claim--after acquired title.
Section 7-05 - Deeds--after acquired title.
Section 7-06 - Marketable title acts.
Section 7-07 - Affidavit of possession to be recorded--affiant.
Section 7-08 - Affidavit of possession as basis for creating marketable title under tax deed.
Section 7-09 - Use of affidavits.
Section 7-10 - Corrective instruments.
Section 7-11 - Instruments which are altered and re-recorded.
Section 7-12 - Conveyances--farm credit--right of first refusal.
Section 8-01 - Ownership of water.
Section 8-02 - Accretion, reliction, erosion and avulsion.
Section 8-03 - High-water mark boundaries.
Section 8-04 - Road and street as boundaries.
Section 8-05 - Vacated highway, street, alley or public right of way.
Section 8-06 - Conveyances to state for highway purposes.
Section 8-07 - Dedication of streets, etc.
Section 8-08 - Consult SD Mineral Title Standards.
Section 8-09 - Mineral ownership--notation.
Section 8-10 - Severance of minerals--notation.
Section 8-11 - Conveyances of royalties and minerals.
Section 8-12 - Oil and gas leases--contingent future interests.
Section 8-13 - Leases--oil--gas.
Section 9-01 - Easements as encumbrances.
Section 9-02 - Rights-of-way as encumbrances.
Section 9-03 - Conveyances--effect of reservations or exceptions.
Section 9-05 - Wind energy easements.
Section 9-06 - Wind energy rights--limitation on severance.
Section 10-01 - Covenants, conditions and restrictions defined.
Section 10-02 - Covenants, conditions & restrictions are generally deemed to run with the land.
Section 10-03 - General plan restrictions--subdivision of tracts.
Section 10-04 - Revocation of declaration or contract--execution by successor in interest.
Section 10-05 - Expiration of covenants, conditions and restrictions.
Section 10-06 - Validity of restrictions.
Section 10-07 - Restrictions in derogation of existing law.
Section 11-01 - Medical assistance lien.
Section 11-02 - Child support liens.
Section 11-03 - Tax lien--county.
Section 11-04 - Poor relief lien.
Section 11-05 - Claims under federal laws.
Section 11-06 - Tax Lien--State or Federal.
Section 12-01 - Judgments--lapse.
Section 12-02 - Divorce--judgment affecting defendant's title.
Section 12-03 - Divorce--sufficiency of judgment.
Section 12-04 - Notice of levy.
Section 12-05 - Real property abandoned by bankruptcy trustee.
Section 12-06 - Real property claimed as exempt by debtor.
Section 12-08 - Bankruptcy lien avoidance.
Section 12-09 - Bankruptcy discharge.
Section 13-01 - Mechanic's lien.
Section 13-02 - Mechanic and materialmen's lien.
Section 14-02 - Reference to nonrecorded mortgage.
Section 14-03 - Mortgages--release or assignment.
Section 14-04 - Mortgages--statute of limitations.
Section 14-05 - Satisfaction by one of plural mortgagees.
Section 14-06 - Release of mortgage by other than mortgagee.
Section 14-07 - Release--assignment of rents.
Section 14-08 - Defect in satisfaction of mortgage.
Section 14-09 - Deeds--unsatisfied mortgage.
Section 14-10 - Mortgage--merger of title.
Section 14-11 - Foreclosure of mortgage by action.
Section 14-12 - Foreclosure by advertisement.
Section 15-01 - Probate--chain of title.
Section 15-02 - Executor's deed.
Section 15-03 - Conveyances made under probate.
Section 15-04 - Chain of title--probate.
Section 15-05 - Authority of personal representative.
Section 15-06 - Deed of distribution.
Section 15-07 - Delayed probate.
Section 15-08 - South Dakota inheritance tax liens.
Section 15-09 - Termination of life tenant.
Section 15-10 - Probate--existence of federal lien.
Section 15-11 - Authority of successor fiduciary.
Section 15-12 - Term of authority for fiduciary.
Section 15-13 - Acts authorized by personal representative or conservator.
Section 15-14 - Guardian's deeds.
Section 15-15 - Conservator's deeds.
Section 15-16 - Authority of conservator.
Section 15-17 - Foreign personal representative.
Section 15-18 - Guardian and conservator.
Section 16-01 - Omission and inconsistency of dates.
Section 16-02 - Effect of curative acts.
Section 16-03 - Contents of affidavit--interest of maker.
Section 19-01 - Metes and bounds.
Section 19-02 - Legal description from survey or plat.
Section 19-04 - Plats, designation or variations in name.
Section 19-05 - Plats, effect of joinders in.
Section 19-06 - Plats, vacation before lots sold.
Section 19-07 - Plats, vacation after lots sold.
Section 19-08 - Discrepancy in survey.
Section 19-09 - Plats, effect of replat.
Section 23-01 - Marketable record title--statute of limitations.
Section 23-02 - Title by patent.
Section 23-03 - Validity of patent.