55-17-3. Classification of property--Interest of each spouse.
Spouses may classify all or any of their property as special spousal property by transferring property to a South Dakota special spousal trust established pursuant to this chapter, and by expressly declaring in the trust that the property is community property. Unless there is a specific provision in the governing instrument stating otherwise, each spouse's respective interest in the special spousal property is fifty percent.
Source: SL 2016, ch 231, §31; SL 2018, ch 275, §29.
Structure South Dakota Codified Laws
Title 55 - Fiduciaries and Trusts
Chapter 17 - Special Spousal Trusts
Section 55-17-1 - Arrangement qualifying as special spousal trust.
Section 55-17-2 - Required language.
Section 55-17-3 - Classification of property--Interest of each spouse.
Section 55-17-4 - Amendment and revocation.
Section 55-17-6 - Qualified disposition in trust.
Section 55-17-7 - Types of transfers to special spousal trust.
Section 55-17-9 - Matters upon which spouses may agree.
Section 55-17-10 - Right of child to support.
Section 55-17-11 - Creditor rights--Good faith between spouses.
Section 55-17-12 - Bona fide purchasers.