When a divorce is granted, the courts may make an equitable division of the property belonging to either or both, whether the title to such property is in the name of the husband or the wife. In making such division of the property, the court shall have regard for equity and the circumstances of the parties.
S.D. Codified Laws § 25-4-44
Division of property between parties
Applied in 85 court decisions — leading case Lien v. Lien (1979)
Most recently applied in King v. King (November 2025)
Source: SDC 1939, § 14.0726; SL 1988, ch 203.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.