21-19-28. Division and setting aside homestead exceeding limitations--Court order where division not feasible.
If the net value of the debtor's homestead being determined is more than the homestead exemption set by subdivision 43-45-3(2), the court shall determine whether it is feasible to divide such homestead so that the debtor retains his full homestead exemption as provided by law, which division, if feasible, shall be ordered made and the order shall provide that only that portion not set aside to the debtor is subject to levy. If the court finds that such division is not feasible, the court shall make an order to the effect that only that portion of the debtor's homestead represented by the valuation of such homestead exemption plus any encumbrances is subject to levy.
Source: SL 1890, ch 86, §1; RCCivP 1903, §345; RC 1919, §2658; SDC 1939, §37.4909; SL 1957, ch 186, §3; SL 1977, ch 185, §2; SL 1978, ch 156, §2.
Structure South Dakota Codified Laws
Chapter 19 - Claim Of Homestead And Personal Property Exemptions
Section 21-19-1 - Definition of terms.
Section 21-19-3 - Notice of levy on property--Contents--Statement as to claim of exemptions.
Section 21-19-4 - Service on debtor of notice of levy.
Section 21-19-6 - Court order for substitute method of making service.
Section 21-19-7 - Retention of property levied after notice to debtor.
Section 21-19-8 - Sale of perishable property seized--Retention of proceeds.
Section 21-19-9 - Time allowed for claim of exemptions--Claim by debtor's dependent.
Section 21-19-10 - Contents of claim of exemptions--Schedule of property.
Section 21-19-11 - Verification of claim required.
Section 21-19-12 - Failure to claim additional exemptions as waiver.
Section 21-19-13 - Relief from default in claiming exemptions--Effect on prior proceedings.
Section 21-19-14 - Procedure for claim exclusive except as to absolute exemptions.
Section 21-19-16 - Retention of property claimed as exempt until final determination.
Section 21-19-18 - Release of exempt property on failure of creditor to answer.
Section 21-19-20 - Disputed valuation of homestead--Demand for appraisal.
Section 21-19-21 - Appointment of appraisers.
Section 21-19-23 - Appraisement at fair market value--Completion and filing of appraisement.
Section 21-19-25 - Amendment of papers filed.
Section 21-19-30 - Stay of proceedings on appeal from order--Security required.