The SD
Supreme Court handed down one decision this morning, holding inter alia:
1) Divorce court reversed for
setting aside “partially gifted” land in favor of H
FIELD v. FIELD, 2020 S.D. 51: During their marriage, H & W received
farmland from H's relative at significantly discounted purchase price. In this divorce proceeding, the trial court
treated the transfer as a "partial
gift" made solely to H. The SD Supreme Court reversed and remanded, holding
that, “entire value of the [farmland] should
be subject to equitable division.”
This opinion confirms that existing SD rule the grant of an interest in
real estate jointly to both H & W, “can be
convincing evidence of the realty's status as marital property,” and it
also recognizes, "that spouses can provide valuable contributions to the
acquisition and maintenance of inherited or gifted property by acting as
homemakers or working separately to assist the other spouse in maintaining
inherited or gifted property."
This decision is unanimous, with opinion authored by Justice
Salter.
This decision may be accessed at
