If an owner is required to leave a homestead pursuant to a protection order obtained by the owner’s spouse or to otherwise preserve peace in the home, the owner’s absence from the homestead may not be considered a waiver or abandonment of the owner’s interest in the homestead, unless there is evidence to the contrary.

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Terms Used In South Dakota Codified Laws 43-31-13.1

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Source: SL 2015, ch 223, § 3.