How to Arrange a Property Survey for Co‑Owned Land in South Dakota
Disclaimer: This information is educational only and does not constitute legal advice. Consult a licensed South Dakota attorney for advice about your specific situation. Quick answer If you co-own real property in South Dakota with a sibling and need a land survey, start by confirming ownership type and existing records, try to agree on hiring […]
Read article →South Dakota: How Heirs Can Keep an Inherited House Instead of Selling
Detailed Answer — How heirs can keep an inherited house in South Dakota This overview explains common paths heirs can use to keep a family home when multiple people inherit it under South Dakota law. It covers how ownership is determined, the practical and legal options to avoid a forced sale, and steps heirs should […]
Read article →Partition and Guardianship in South Dakota: What Happens When a Co‑Owner Is Incompetent
Detailed Answer Short summary: When one co‑owner of property has been adjudicated incompetent and a court has appointed a guardian, a partition action in South Dakota proceeds with special protections for the ward. The guardian can typically act for the incompetent co‑owner, but the court must ensure the ward’s interests are protected. The court may […]
Read article →Partition Actions in South Dakota: How to Start a Court Proceeding to Divide or Sell Property
Detailed Answer What a partition action is A partition action is a court proceeding that lets co-owners of real property force a division of the property or a sale and distribution of the proceeds when the owners cannot agree. Courts prefer a physical division of land (“partition in kind”) when it can be done fairly […]
Read article →How to Buy Out Siblings’ Interests in a Co-Owned Home in South Dakota
Detailed Answer: Steps to Retain a Co-Owned Home by Buying Out Siblings in South Dakota If you and your siblings co-own a house and you want to keep the home, you will need to buy out their ownership interests or otherwise obtain sole title. Below are practical, step-by-step actions to take under South Dakota law, […]
Read article →South Dakota: Forcing a Sale of Co-Owned Property (Partition Actions)
How a co-owner can force a sale of real property in South Dakota Short answer: Yes — when co-owners of real property disagree about selling, a co-owner can usually ask a South Dakota court to force a sale through a partition action. The court will try to divide the land physically if that is practical. […]
Read article →Rights of Co-Owners When a Life Tenant Occupies Property in South Dakota
Understanding Your Rights When a Co-Owner with a Life Tenancy Lives on the Property in South Dakota Quick summary: If a co-owner holds a life tenancy (a life estate) and is occupying property in South Dakota, both the life tenant and the future owner(s) (remainderman or other co-owners) have defined rights and duties. You may […]
Read article →Can a Life Tenant Stay in the House During Partition? — South Dakota Guide
Life Tenant Rights and Possession During a Partition in South Dakota Not legal advice. This article explains general principles under South Dakota law to help you decide whether to consult an attorney. Short Answer Under South Dakota law, a life tenant generally keeps the right to possess and use the property for the length of […]
Read article →Filing a Partition Action in South Dakota for Inherited Property When Co-Owners Won't Respond
How to get a court-ordered division of inherited real property in South Dakota when some co-owners won’t respond Quick answer: If you and other heirs own property together and some co-owners do not respond to requests to cooperate, you can ask the county Circuit Court in South Dakota where the property is located to open […]
Read article →South Dakota: Court-Appointed Commissioner and Private Sale When Co-Owners Disagree
Detailed Answer This article explains how a South Dakota court handles a private sale when co-owners cannot agree and the court appoints a commissioner to sell a co-owner’s share. It assumes no prior legal knowledge. This is general information only and not legal advice — consult an attorney for guidance about a specific case. How […]
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