Upon the death of either husband or wife, the survivor may continue to possess and occupy the whole homestead until it is otherwise disposed of according to law; and upon the death of both husband and wife the children may continue to possess and occupy the whole homestead until the youngest child becomes of age.
S.D. Codified Laws § 43-31-13
Possession and occupancy of homestead--Surviving spouse--Minor children
Applied in 2 court decisions — leading case Casey v. Casey (2005)
Most recently applied in Casey v. Casey (March 2005)
Source: SL 1874-5, ch 37, § 15; PolC 1877, ch 38, § 15; CL 1887, § 2463; RPolC 1903, § 3231; RC 1919, § 466; SDC 1939, § 51.1716.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.