Section 43-45-6 – Proceeds of life insurance payable to estate of decedent–Rights of surviving spouse or minor children–Amount of exemption–Payment discharging insurer from liability.
43-45-6. Proceeds of life insurance payable to estate of decedent–Rights of surviving spouse or minor children–Amount of exemption–Payment discharging insurer from liability. The proceeds of any insurance upon the life of any person residing in this state, at the time of his death and who leaves a surviving widow, husband, or minor child or children, […]
Section 43-45-7 – Persons to whom exemptions do not apply.
43-45-7. Persons to whom exemptions do not apply. Except those made absolute, the exemptions provided by this chapter do not apply to the following persons: (1)To a nonresident; (2)To a debtor who is in the act of removing with his family from the state; (3)To a debtor who has absconded, taking with him his family; […]
Section 43-45-8 – Exemption not allowed for purchase money or construction costs.
43-45-8. Exemption not allowed for purchase money or construction costs. No exemption shall be allowed any person against an attachment or execution issued for the purchase money of property or for the agreed or reasonable cost of the material furnished or labor performed in the original erection and construction of buildings thereon, claimed to be […]
Section 43-45-9 – Debt incurred for property obtained under false pretenses–Allowance only of absolute exemptions.
43-45-9. Debt incurred for property obtained under false pretenses–Allowance only of absolute exemptions. No exemptions, except the absolute exemptions, shall be allowed any person against an execution or other process issued upon a debt incurred for property obtained under false pretenses. Source: SL 1885, ch 55, §3; CL 1887, §5139; RCCivP 1903, §364; RC 1919, […]
Section 43-45-1 – Scope of exemptions of personal property.
43-45-1. Scope of exemptions of personal property. Except as hereinafter provided, the property mentioned in this chapter is exempt from attachment or mesne process, and from levy and sale on execution, and from any other final process issued from any court. Source: CCivP 1877, §322; CL 1887, §5126; RCCivP 1903, §344; RC 1919, §2657; SDC […]
Section 43-45-2 – Property absolutely exempt.
43-45-2. Property absolutely exempt. The property mentioned in this section is absolutely exempt from all such process, levy, or sale, except as otherwise provided by law: (1)All family pictures; (2)A pew or other sitting in any house of worship; (3)A lot or lots in any burial ground; (4)The family Bible and all schoolbooks used by […]
Section 43-45-3 – Homestead absolutely exempt–Extent of exemption when homestead sold or divided by court order.
43-45-3. Homestead absolutely exempt–Extent of exemption when homestead sold or divided by court order. A homestead: (1)As defined and limited in chapter 43-31, is absolutely exempt; or (2)In the event such homestead is sold under the provisions of chapter 21-19, or is sold by the owner voluntarily, the proceeds of such sale, not exceeding the […]