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Home » US Law » 2022 South Dakota Codified Laws » Title 55 - Fiduciaries and Trusts » Chapter 17 - Special Spousal Trusts » Section 55-17-3 – Classification of property–Interest of each spouse.

55-17-3. Classification of property–Interest of each spouse.

Spouses may classify all or any of their property as special spousal property by transferring property to a South Dakota special spousal trust established pursuant to this chapter, and by expressly declaring in the trust that the property is community property. Unless there is a specific provision in the governing instrument stating otherwise, each spouse’s respective interest in the special spousal property is fifty percent.

Source: SL 2016, ch 231, §31; SL 2018, ch 275, §29.