Section 43-31-1 - Homestead exempt from judicial sale, judgment lien, and mesne or final process--Mobile home exemption--Senior citizen's homestead exemption from tax salelimited. - South Dakota Statutes

43-31-1. Homestead exempt from judicial sale, judgment lien, and mesne or final process--Mobile home exemption--Senior citizen's homestead exemption from tax sale limited. The homestead of every family, resident in this state, as hereinafter defined, so long as it continues to possess the character of a homestead is exempt from judicial sale, from judgment lien, and from all mesne or final process from any court, to the extent and as provided by statute. However, a creditor or lien holder of a mobile home classified as a homestead under § 43-31-2 prior to January 1, 1973, may not be cut off and is not subject to a homestead exemption. In addition, a homestead with a value of less than one hundred seventy thousand dollars of a person seventy years of age or older, and the unremarried surviving spouse of such person, is exempt from sale for taxes for so long as it continues to possess the character of a homestead.

Source: SL 1862, ch 37, § 1; SL 1874-5, ch 37, § 1; PolC 1877, ch 38, § 1; CL 1887, § 2449; SL 1890, ch 86, § 1; RPolC 1903, § 3215; RC 1919, § 449; SDC 1939, § 51.1701; SL 1972, ch 233, § 5; SL 1980, ch 296, § 1; SL 2005, ch 234, § 1.