§ 43-45-7 Persons to whom exemptions do not apply.

SD Codified L § 43-45-7 (2019) (N/A)

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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;

(4) To a debtor for the necessaries of life, including only food, clothing, and fuel, provided for the debtor or his family;

(5) To a debtor for assistance or services furnished by the state to or on behalf of his children or spouse, by virtue of assignment of support rights to the state;

(6) To a debtor for child and spousal support obligations; or

(7) To a debtor for assistance or services furnished to the debtor by or through the Department of Social Services.Source: Subdivs. (1) to (3): CCivP 1877, § 333; CL 1887, § 5138; RCCivP 1903, § 363; RC 1919, § 2670; SDC 1939, § 51.1808; SL 1943, ch 174; SL 1984, ch 283; SL 1991, ch 367. Subdiv. (4): CCivP 1877, § 332; SL 1881, ch 34, § 1; CL 1887, § 5136; RCCivP 1903, § 361; SL 1911, ch 150; RC 1919, § 2668; omitted SDC 1939, § 51.1808; SL 1943, ch 174; SL 1984, ch 283; SL 1986, ch 218, § 61. Subdiv. (5): SL 1984, ch 283; SL 1986, ch 218, § 61; SL 1991, ch 367. Subdiv. (6): SL 1986, ch 218, § 61; SL 1991, ch 367. Subdiv. (7): SL 1991, ch 367.

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§ 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.

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§ 43-45-8 Exemption not allowed for purchase money or construction costs.