25.138.11 100th Legislative Session 88
2025 South Dakota Legislature
Senate Bill 88
ENROLLED
AN ACT
ENTITLED An Act to increase the amount of exempt proceeds when a homestead is
sold or divided by court order.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 43-45-3 be AMENDED:
43-45-3. A homestead:
(1) As defined and limited in chapter 43-31, is absolutely exempt; or
(2) In the event the homestead is sold under the provisions of chapter 21-19, or is
sold by the owner voluntarily, the proceeds of the sale, not exceeding the sum of
one hundred thousand dollars, are absolutely exempt for a period of one year after
the receipt of the proceeds by the owner. If the homestead is divided by court
order pursuant to § 25-4-44 and a lien is imposed on the homestead for the benefit
of the nonoccupant spouse pursuant to § 25-4-42, absence from the homestead
and loss of title to the homestead pursuant to the court order do not constitute
forfeiture of the homestead exemption, and homestead protection must attach to
the judicial lien for a period of one year. The exemption is 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. 25.138.11 2 88
SB88 ENROLLED
An Act to increase the amount of exempt proceeds when a homestead is sold or divided by
court order.
I certify that the attached Act originated in
the:
Senate as Bill No. 88
Secretary of the Senate
President of the Senate
Attest:
Secretary of the Senate
Speaker of the House
Attest:
Chief Clerk
Senate Bill No. 88
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2025 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2025
Governor
STATE OF SOUTH DAKOTA ,
ss.
Office of the Secretary of State
Filed ____________, 2025
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State