2011 South Dakota Code
Title 43 PROPERTY
Chapter 45. Personal Property Exempt From Process
§43-45-3 Homestead absolutely exempt--Extent of exemption when homestead sold.


SD Codified L § 43-45-3 (through 2011) What's This?

43-45-3. Homestead absolutely exempt--Extent of exemption when homestead sold. A homestead:

(1) As defined and limited in chapter 43-31, is absolutely exempt; or

(2) In the event such homestead is sold under the provisions of chapter 21-19, or is sold by the owner voluntarily, the proceeds of such sale, not exceeding the sum of sixty thousand dollars, is absolutely exempt for a period of one year after the receipt of such proceeds by the owner. Such exemption shall be limited to one hundred seventy thousand dollars for a homestead of a person seventy years of age or older or the unremarried surviving spouse of such person so long as it continues to possess the character of a homestead.

Source: CCivP 1877, § 323, subdiv 7; CL 1887, § 5127, subdiv 7; SL 1890, ch 86, § 1; RCCivP 1903, § 345, subdiv 7; RC 1919, § 2658 (7); SDC 1939, § 51.1802; SL 1957, ch 267, § 1; SL 1966, ch 153; SL 1978, ch 156, § 8; SL 1980, ch 296, § 3; SL 2005, ch 235, § 1; SL 2009, ch 224, § 1.

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