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Family homestead exempt from judicial sale

S.D. Codified Laws § 43-31-1

In plain words

The homestead of every South Dakota resident family is exempt from judicial sale, judgment liens and court process, within the limits the law sets (acreage limits; a dollar cap applies for some owners, such as those 70 and older).

Who is protected

Resident families in South Dakota.

When it applies

  • Only in South Dakota.
  • Only if the home is your primary residence.
Check whether it applies to you

What you can do

  • Claim the homestead

    Raise it against judgment creditors and in bankruptcy.

    Open the tool
  • Read your state guide and find free help

    Open the state page for the process, deadlines and legal-aid contacts in your state.

    Open the tool

Honest limits

  • It does not protect against your mortgage or taxes.
  • This is general education, not legal advice. Laws change and details matter — check the current official text or talk to a legal aid lawyer or HUD-approved housing counselor.

The law

  1. State lawHomestead exemption

    S.D. Codified Laws § 43-31-1

    What it says: The homestead is exempt from judicial sale, judgment lien and court process as provided.

    Read the official text

Court cases

  • Homeowner wonSame topic
    Bartee v. Tara Colony Homeowners Ass'n

    Bartee v. Tara Colony Homeowners Ass'n (In re Bartee), 212 F.3d 277 (5th Cir. 2000)

    Chapter 13's anti-modification rule does not protect a junior lienholder whose lien is not supported by any value in the debtor's home

  • Homeowner lostSame topic
    Midland Funding, LLC v. Johnson

    Midland Funding, LLC v. Johnson, 581 U.S. 224 (2017)

    filing an obviously time-barred proof of claim in bankruptcy does not violate the FDCPA

  • Homeowner lostSame topic
    Nobelman v. American Savings Bank

    Nobelman v. Am. Sav. Bank, 508 U.S. 324 (1993)

    a Chapter 13 debtor may not reduce a mortgage secured only by the principal residence to the fair market value of the home

  • Partial winSame topic
    Taggart v. Lorenzen

    Taggart v. Lorenzen, 587 U.S. 554 (2019)

    a creditor may be held in civil contempt for violating a bankruptcy discharge order when there is no fair ground of doubt that the order barred its conduct

  • Homeowner wonSame topic
    Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.

    Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., 559 U.S. 573 (2010)

    the FDCPA's bona fide error defense does not excuse a debt collector's incorrect interpretation of what the Act requires

  • Homeowner wonSame topic
    Young v. Repine (In re Repine)

    Young v. Repine (In re Repine), 536 F.3d 512 (5th Cir. 2008)

    a creditor who knows of a bankruptcy and keeps pursuing collection willfully violates the automatic stay and may owe the debtor damages and attorney's fees

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