§ 21-19-28 — Division and setting aside homestead exceeding limitations--Court order where division not feasible.

South Dakota § 21-19-28

• Jurisdiction: South Dakota
• Title 21: JUDICIAL REMEDIES
• Ch. 21-19: CLAIM OF HOMESTEAD AND PERSONAL PROPERTY EXEMPTIONS

Text

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.

Legislative History

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.