SD LEG Homestead Sale by Court Order

Updated on: Mar 21, 2025

Latest Event


  • Mar. 18, 2025 SD LEG Governor Approval
  • On Mar. 18, 2025, SD LEG reported that bill SB 88 was signed by the SD governor.

On Mar. 10, SD LEG enrolled bill re exemptions for sale of homestead.

  • SD LEG enrolled bill SB 88 to amend Codified laws SD LEG 43-45-3, which aims to increase the amount of exemptions when homestead is sold or divided by court order.
  • Exempt Proceeds
  • If the homestead is sold, the proceeds of the sale not exceeding the sum of $100k are absolutely exempt for a period of one year after receipt of proceeds by the owner.
  • The exemption is limited to $170k for a homestead of a person 70 years or older.
  • Also, applies to unmarried surviving spouse once home continues to be a homestead.
  • Legislative History
  • On Jan. 23, 2025, bill introduced in Senate; on Feb. 4, 2025, bill passed in Senate.
  • On Feb. 5, 2025, bill introduced in House; on Mar. 6, 2025, bill was passed in House.
  • On Mar. 10, 2025, bill was enrolled, and is pending delivery to the governor for action.
  • Effectiveness
  • SD law sets Jul. 1 as effective date of bills passed in regular session, i.e. Jul. 1, 2025.
  • Mar. 18, 2025 SD LEG Governor Approval
  • On Mar. 18, 2025, SD LEG reported that bill SB 88 was signed by the SD governor.
Regulators
SD LEG
Entity Types
CNSM; MG Orig
Reference
Act, 3/18/2025; Bill SB88, 3/10/2025; Citation: SD LEG 43-45-3;
Functions
Compliance; Financial; Legal; Tax
Countries
United States of America
Category
State
N/A
Products
Mortgage
Rule Type
Final
Regions
Am
Rule Date
Mar 10, 2025
Effective Date
Jul 1, 2025
Rule ID
246276
Linked to
N/A
Reg. Last Update
Mar 18, 2025
Report Section
US Consumer