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S.D. Codified Laws § 28-14-6

Application of lien to property of spouse--Joint tenancy--Continuation of lien

Applied in 1 court decision — leading case Claussen v. Brookings County (In Re Claussen) (1990)

Most recently applied in Claussen v. Brookings County (In Re Claussen) (September 1990)

Source: SDC 1939, § 39.1702; SL 1953, ch 209, § 1; SL 1963, ch 237.

If any poor person receiving benefits from the county be a married person, the lien therein established shall also be a lien upon all the property, real and personal, including joint tenancy and homestead interests, property thereafter acquired, or interest in property, of the husband or wife of such poor person as the case may be, if the Christian names of both spouses are shown in connection with the lien. Such lien shall not sever a joint tenancy or affect the right of survivorship except that the lien shall be enforceable to the extent that the county aid recipient had an interest prior to his death.

Such lien shall continue until the liability for such amount is satisfied except that such lien may be adjusted and compromised as to specific property as now provided by statute.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.