2011 South Dakota Code
Title 43 PROPERTY
Chapter 30. Marketable Title To Real Estate
§12-03. Divorce--sufficiency of judgment.


SD Codified L § 43-30S-12-3 (through 2011) What's This?

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.

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