The owner may from time to time change the limits of the homestead by changing the metes and bounds, as well as the record of the description, or may change it entirely; but such changes shall not prejudice conveyances or liens made or created previously thereto; and no such change of the entire homestead made without the concurrence of the husband or wife shall affect his or her rights or those of the children.
S.D. Codified Laws § 43-31-9
Change of homestead--Metes and bounds--Record of description--Prior conveyances or liens not prejudiced--Effect of nonconcurrence of spouse
Applied in 2 court decisions — leading case Niesche v. Wilkinson (2013)
Most recently applied in Niesche v. Wilkinson (December 2013)
Source: SL 1874-5, ch 37, § 12; PolC 1877, ch 38, § 12; CL 1887, § 2460; RPolC 1903, § 3228; RC 1919, § 463; SDC 1939, § 51.1714; SL 1961, ch 263.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.