South Dakota Codified Laws
Chapter 31 - Homestead Exemption
Section 43-31-13 - Possession and occupancy of homestead--Surviving spouse--Minor children.

43-31-13. Possession and occupancy of homestead--Surviving spouse--Minor children.
Upon the death of either husband or wife, the survivor may continue to possess and occupy the whole homestead until it is otherwise disposed of according to law; and upon the death of both husband and wife the children may continue to possess and occupy the whole homestead until the youngest child becomes of age.

Source: SL 1874-5, ch 37, §15; PolC 1877, ch 38, §15; CL 1887, §2463; RPolC 1903, §3231; RC 1919, §466; SDC 1939, §51.1716.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 43 - Property

Chapter 31 - Homestead Exemption

Section 43-31-1 - Homestead exempt from judicial sale, judgment lien, and mesne or final process--Mobile homes--Senior citizens.

Section 43-31-2 - Homestead limited to house or mobile home and appurtenant buildings--Business place--Minimum size of mobile home.

Section 43-31-3 - Homestead containing one or more lots or tracts of land--Contiguous tracts--Use in good faith.

Section 43-31-4 - Limited area of homestead--Mineral lands.

Section 43-31-5 - Homestead exemption does not apply to gold and silver mines and mills.

Section 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.

Section 43-31-7 - Marking off and platting of homestead--Exception.

Section 43-31-8 - Description of homestead--Recording.

Section 43-31-9 - Change of homestead--Metes and bounds--Record of description--Prior conveyances or liens not prejudiced--Effect of nonconcurrence of spouse.

Section 43-31-11 - New homestead--Extent of exemption.

Section 43-31-12 - Disagreement as to extent of homestead--Determination by circuit court.

Section 43-31-13 - Possession and occupancy of homestead--Surviving spouse--Minor children.

Section 43-31-13.1 - Owner's absence pursuant to protection order not waiver or abandonment of owner's interest.

Section 43-31-14 - Family defined.

Section 43-31-15 - Descent of homestead--Exemption from debts of owner--Exception.

Section 43-31-16 - Sale of homestead for payment of debts where no husband or wife surviving, and no issue.

Section 43-31-17 - Execution by husband and wife necessary for conveyance or encumbrance--Exception for prisoner of war or missing in action.

Section 43-31-18 - Application by spouse of protected person for conveyance or encumbrance by conservator.

Section 43-31-19 - Application for order requiring guardian of mentally ill or incompetent spouse to join in conveyance or mortgage of homestead--Verification--Contents.

Section 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.

Section 43-31-21 - Service of application and order for conservator of incapacitated spouse to join in conveyance or mortgage of homestead.

Section 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.

Section 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.

Section 43-31-24 - Court determination as to incapacity--Order to conservator to join in conveyance or encumbrance.

Section 43-31-25 - Appointment of conservator to join in conveyance or encumbrance for incapacitated spouse--No bond--Termination of conservatorship.

Section 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.

Section 43-31-27 - Devise or bequest of homestead subject to rights of surviving spouse.

Section 43-31-29 - Homestead liable for accrued taxes--Sale for payment of taxes certified and recorded--Exceptions.

Section 43-31-30 - Certain federal bankruptcy exemptions not available.

Section 43-31-31 - Definition of terms.

Section 43-31-32 - Conditions of prohibition on collection of certain single-family dwelling property taxes.

Section 43-31-33 - Application for prohibition on collection of certain single-family dwelling property taxes--Forms.

Section 43-31-34 - Documentary evidence included with application.

Section 43-31-35 - County treasurer to determine qualification of applicant seeking prohibition on collection of certain single-family dwelling property taxes.

Section 43-31-36 - Hearing allowed upon denial of application for prohibition.

Section 43-31-37 - Recipient of property tax relief ineligible for tax refund.

Section 43-31-38 - Prohibited property taxes as a lien on property--Interest.

Section 43-31-39 - Prohibited property taxes not delinquent.

Section 43-31-40 - Uncollected taxes not to exceed the value of the property.

Section 43-31-41 - County treasurer may accept payment of prohibited taxes--Applied to oldest property tax.