South Dakota: What a Dismissal With Prejudice Means in a Partition Case
Detailed answer When a court dismisses a partition lawsuit "with prejudice" in South Dakota, it ends the plaintiff’s right to bring the same partition claim again. In practical terms, the dismissal is a final judgment on the merits that prevents refiling of the identical claim between the same parties. For a partition action, that means […]
Read article →South Dakota: How to Force Sale or Division of Real Property You Still Co-Own After Divorce
Can I force the sale or division of real property I still co-own with my ex in South Dakota? Short answer: Yes. In South Dakota you generally have two primary routes to get a co-owned property divided or sold: (1) a partition action in civil court to physically divide the land or force a sale […]
Read article →South Dakota: Offering to Purchase Co-Owners' Interests Before a Partition Sale
Detailed Answer Short overview: If co-owners of real property are in a partition action in South Dakota, one owner can often stop or avoid a court-ordered sale by offering to purchase the other owners’ interests. The process combines negotiation, proof of value and ability to pay, and—often—court filings that ask the judge to approve a […]
Read article →South Dakota: What If an Heir Living in Inherited Property Refuses to Move or Sell?
Detailed answer: What happens when an heir living in inherited property in South Dakota refuses to move out or sell their share? Short answer: In South Dakota, co-owners (including heirs) who cannot agree about use, sale, or occupation of inherited real estate can be forced to resolve the dispute in court. The usual remedies are […]
Read article →South Dakota: What to Do If the Court Orders Sale of the House but Doesn’t Set Buyout Terms
What to Do If the Court Orders Sale of the House but Doesn’t Set Buyout Terms (South Dakota) Short answer If the other party asks the court only to sell the house and does not propose buyout terms, you still have options. You can: (1) respond and ask the court to set buyout rules or […]
Read article →Refinancing and Buying Out a Co-Owner in South Dakota
Detailed answer This section explains, in plain language, how one co-owner can refinance a property and use the funds to buy out the other co-owner under South Dakota law. It summarizes the practical steps, key documents, lender requirements, and legal risks. This is an educational overview only and not legal advice. 1. Basic concept — […]
Read article →Forcing Sale of Co-Owned Property in South Dakota: How to Proceed
What to do when a co-owner blocks further mediation and you need to force a sale of jointly owned property in South Dakota Disclaimer: This is educational information only and not legal advice. I am not a lawyer. If you need legal advice about a specific dispute, consult a licensed South Dakota attorney. Detailed Answer […]
Read article →Dividing or Forcing Sale of Co-Owned Farmland in South Dakota: Legal Options
Common paths to divide co-owned farmland under South Dakota law When multiple heirs or owners cannot agree about what to do with farmland, the situation can stall operations, reduce farm value, and increase conflict. This article explains practical options, basic South Dakota law principles, and steps to take so you can decide whether to negotiate […]
Read article →How to Start a Partition Action in South Dakota When a Co‑Owner Refuses to Agree
Starting a Partition Action in South Dakota When a Co-Owner Refuses to Agree Disclaimer: I am not a lawyer. This article provides general information about South Dakota law and is not legal advice. Consult a licensed South Dakota attorney to advise you about your specific situation. Detailed answer — step‑by‑step guide When a co‑owner of […]
Read article →South Dakota: Forcing a Partition Sale of a Co‑Owned Home After a Parent’s Death
Can I force a partition sale of a house I co‑own with my sibling in South Dakota? Short answer: Yes — if you and your sibling cannot agree, a co‑owner can ask a South Dakota circuit court to order a judicial partition. The court may divide the property physically (partition in kind) or order a […]
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