43-31-17 Execution by husband and wife necessary for conveyance or encumbrance--Exception for priso...
Execution by husband and wife necessary for conveyance or encumbrance--Exception for prisoner of war or missing in action.
A conveyance or encumbrance of a homestead
by its owner, if married and both husband and wife are residents of this state, is valid if both husband
and wife concur in and sign or execute such conveyance or encumbrance either by joint instrument
or by separate instruments. However, for the sole purpose of a spouse of a person in the armed forces
making application for a home loan under 38 U.S.C. 1701, et seq., the signature of the spouse alone
is sufficient to convey or encumber the homestead if the person in the armed forces is officially
declared to be: missing in action, captured in line of duty by a hostile force, or forcibly detained or
interned in line of duty by a foreign government or power.
Source: SL 1874-5, ch 51, § 3; PolC 1877, ch 38, § 3; CL 1887, § 2451; SL 1891, ch 77, § 1;
RPolC 1903, §§ 3217, 3219; RC 1919, § 451; SL 1921, ch 255; SDC 1939, § 51.1703; SL 1972, ch
234; SL 1983, ch 13, § 24.