SB 88 South Dakota Senate · 2025 Regular Session

increase the amount of exempt proceeds when a homestead is sold or divided by court order.

This bill proposes to increase the amount of proceeds from a homestead sale or court-ordered division that are exempt from creditors' claims. It directly affects homeowners in South Dakota who may be selling their property or facing a legal division of their home. The key mechanism involves raising the dollar threshold for protected funds, ensuring more money remains with the homeowner rather than being used to satisfy debts. This change aims to provide greater financial security for residents during property transitions or legal proceedings. The legislation does not alter other aspects of homestead protection laws or affect non-residential properties.
Bill status signed all 4 stages cleared
Introduction
Jan 2025
Committee Review
Mar 2025
Senate Passage
Mar 2025
Signed into Law
Mar 2025
Introduced Jan 23, 2025 Signed Mar 31, 2025
Maddy AI version diff · 2 comparisons

What changed between versions

Senate Judiciary Engrossed Enrolled · 2 edits · Mar 10, 2025
MINOR
This bill amends the South Dakota homestead exemption laws to increase the amount of proceeds exempt from seizure when a homestead is sold or divided by court order. The exemption amount for voluntary sales or sales under specific provisions remains at $100,000, while the exemption for homesteads divided by court order (particularly for nonoccupant spouses) is increased to $170,000 for homeowners aged 70 or older or their unremarried surviving spouses.
ELIGIBILITY

Increased the homestead exemption amount from $100,000 to $170,000 for homeowners aged 70 or older or their unremarried surviving spouses when a homestead is divided by court order.

Maintained the $100,000 exemption threshold for homesteads sold voluntarily or under chapter 21-19 provisions.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
17
Key actions
9
Committee
6
Amendments
1
Mar 31, 2025
Signed into law
Signed by the Governor on 2025-03-31 S.J. 538
executive
Mar 11, 2025
Upper · Passed
Signed by the Speaker H.J. 524
upper
Mar 10, 2025
Upper · Passed
Signed by the President S.J. 502
upper
Mar 6, 2025
Upper · Passed
House of Representatives Do Pass Amended , Passed, YEAS 69, NAYS 0 H.J. 478
upper
Mar 5, 2025
Upper · Passed
Certified uncontested, placed on consent , Passed, H.J. 10
upper
Mar 5, 2025
Upper · Passed
Judiciary Do Pass , Passed, YEAS 13, NAYS 0 H.J. 10
upper
Feb 10, 2025
Committee
Referred to H.J. 239
upper
Feb 4, 2025
Upper · Passed
Senate Do Pass Amended , Passed, YEAS 35, NAYS 0 S.J. 165
upper
Jan 30, 2025
Upper · Passed
Certified uncontested, placed on consent , Passed,
upper
Jan 30, 2025
Upper · Passed
Judiciary Do Pass Amended , Passed, YEAS 7, NAYS 0
upper
Jan 30, 2025
Introduced
Judiciary Motion to amend , Passed, Amendment 88B
upper
Jan 27, 2025
Committee
Referred to S.J. 101
upper
12 primary · 0 co-sponsors

Sponsors