Section 25-2-1 – Respect, fidelity, and support.
25-2-1. Respect, fidelity, and support. Husband and wife contract toward each other obligations of mutual respect, fidelity, and support. Source: SDC 1939, §14.0201.
Section 25-2-10 – Property transactions of husband or wife–Transactions between spouses.
25-2-10. Property transactions of husband or wife–Transactions between spouses. Either husband or wife may enter into any engagement or transaction with the other, or with any other person, respecting property, which either might, if unmarried, subject, in transactions between themselves, to the general rules which control the actions of persons occupying confidential relations with each […]
Section 25-2-11 – Joint and several liability for necessaries.
25-2-11. Joint and several liability for necessaries. Every husband and wife shall be jointly and severally liable for the purchase price, if such price be stated or agreed upon at the time of purchase, and if not so stated or agreed upon, for the reasonable value of all the necessaries of life, consisting of food, […]
Section 25-2-12 – Right to spouse’s earnings–Earnings of minor children.
25-2-12. Right to spouse’s earnings–Earnings of minor children. The earnings of a spouse are not liable for the debts of the other spouse. The earnings and accumulations of a spouse and of his or her minor children living with him or her or in his or her custody while he or she is living separate […]
Section 25-2-13 – Alteration of legal relations by husband and wife–Separation and support agreements.
25-2-13. Alteration of legal relations by husband and wife–Separation and support agreements. A husband and wife cannot by any contract with each other alter their legal relations, except as to property, and except that they may agree in writing to an immediate separation and may make provision for the support of either of them and […]
Section 25-2-14 – Responsibility for acts of spouse.
25-2-14. Responsibility for acts of spouse. Neither husband nor wife as such is answerable for the acts of the other. Source: SDC 1939, §14.0206.
Section 25-2-15 – Spouse’s power to sue.
25-2-15. Spouse’s power to sue. For any injury to his or her reputation, person, or property, a person may sue in his or her own name without joining his or her spouse as a party plaintiff. Actions founded upon a person’s separate contracts or torts or relating to his or her individual property may be […]
Section 25-2-16 – Definitions.
25-2-16. Definitions. Terms as used in §§25-2-16 to 25-2-25, inclusive, mean: (1)”Premarital agreement,” an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage; (2)”Property,” any interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings. Source: SL 1989, ch 216, […]
Section 25-2-17 – Formalities.
25-2-17. Formalities. A premarital agreement shall be in writing and signed by both parties. It is enforceable without consideration. Source: SL 1989, ch 216, §2.
Section 25-2-18 – Content.
25-2-18. Content. (a) Parties to a premarital agreement may contract with respect to: (1)The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located; (2)The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security […]
Section 25-2-19 – Effect of marriage.
25-2-19. Effect of marriage. A premarital agreement becomes effective upon marriage. Source: SL 1989, ch 216, §4.
Section 25-2-20 – Amendment–Revocation.
25-2-20. Amendment–Revocation. After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration. Source: SL 1989, ch 216, §5.
Section 25-2-21 – Enforcement.
25-2-21. Enforcement. (a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that: (1)That party did not execute the agreement voluntarily; or (2)The agreement was unconscionable when it was executed and, before execution of the agreement, that party: (i)Was not provided a fair and reasonable disclosure of the property […]
Section 25-2-22 – Enforcement–Void marriage.
25-2-22. Enforcement–Void marriage. If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result. Source: SL 1989, ch 216, §7.
Section 25-2-23 – Limitation of actions.
25-2-23. Limitation of actions. Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party. Source: SL 1989, ch 216, §8.
Section 25-2-24 – Application and construction.
25-2-24. Application and construction. Sections 25-2-16 to 25-2-25, inclusive, shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of the Uniform Premarital Agreement Act among states enacting it. Source: SL 1989, ch 216, §9.
Section 25-2-25 – Short title.
25-2-25. Short title. Sections 25-2-16 to 25-2-25, inclusive, may be cited as the Uniform Premarital Agreement Act. Source: SL 1989, ch 216, §10.
Section 25-2-3 – Joint tenancies and tenancies in common.
25-2-3. Joint tenancies and tenancies in common. A husband and wife may hold real or personal property together as joint tenants or tenants in common. Source: SDC 1939, §14.0204.
Section 25-2-4 – Rights in separate property.
25-2-4. Rights in separate property. Neither husband nor wife has any interest in the property of the other, excepting their respective rights for support as specifically provided by law, and except that neither can be excluded from the other’s dwelling. Source: SDC 1939, §14.0203.
Section 25-2-5 – Recording inventory of spouse’s separate property–Prima facie evidence.
25-2-5. Recording inventory of spouse’s separate property–Prima facie evidence. A full and complete inventory of the separate personal property of a husband or wife, or both, may be made out and signed by him or her, or both, under oath, and recorded in the office of the register of deeds of the county in which […]