25-2-1
Respect, fidelity, and support.
25-2-2
Repealed.
25-2-3
Joint tenancies and tenancies in common.
25-2-4
Rights in separate property.
25-2-5
Recording inventory of spouse's separate property--Prima facie evidence.
25-2-6
Separate property not liable for debts of spouse.
25-2-7
Property rights and powers of spouse.
25-2-8
Conveyance of spouse's separate property.
25-2-9
Repealed.
25-2-10
Property transactions of husband or wife--Transactions between spouses.
25-2-11
Joint and several liability for necessaries.
25-2-12
Right to spouse's earnings--Earnings of minor children.
25-2-13
Alteration of legal relations by husband and wife--Separation and support
agreements.
25-2-14
Responsibility for acts of spouse.
25-2-15
Spouse's power to sue.
25-2-16
Definitions.
25-2-17
Formalities.
25-2-18
Content.
25-2-19
Effect of marriage.
25-2-20
Amendment--Revocation.
25-2-21
Enforcement.
25-2-22
Enforcement--Void marriage.
25-2-23
Limitation of actions.
25-2-24
Application and construction.
25-2-25
Short title.
25-2-1. Respect, fidelity, and support.
Husband and wife contract toward each other obligations of mutual respect, fidelity, and support.
Source: SDC 1939, § 14.0201.
25-2-3. Joint tenancies and tenancies in common.
A husband and wife may hold real or personal property together as joint tenants or tenants in common.
Source: SDC 1939, § 14.0204.
25-2-4. Rights in separate property.
Neither husband nor wife has any interest in the property of the other, excepting their respective rights for support as specifically provided by law, and except that neither can be excluded from the other's dwelling.
Source: SDC 1939, § 14.0203.
25-2-5. Recording inventory of spouse's separate property--Prima facie evidence.
A full and complete inventory of the separate personal property of a husband or wife, or both, may be made out and signed by him or her, or both, under oath, and recorded in the office of the register of deeds of the county in which the parties reside.
The filing of the inventory in the register's office is notice and prima facie evidence of the title of each spouse.
Source: SDC 1939, § 14.0204; SL 1984, ch 12, § 39.
25-2-6. Separate property not liable for debts of spouse.
The separate property of a spouse is not liable for the debts of the other spouse contracted before or after the marriage.
Source: SDC 1939, § 14.0206; SL 1984, ch 12, § 40.
25-2-7. Property rights and powers of spouse.
Each spouse shall have and retain after marriage all the civil and property rights of a single person. Each may buy and sell, receive and convey, or dispose of by will, or otherwise dispose of any real or personal property belonging to him or her or in which he or she may have an interest, without joining the name of the spouse except for the homestead.
Source: SDC 1939, § 14.0207; SL 1984, ch 12, § 41.
25-2-8. Conveyance of spouse's separate property.
A person may without the consent of his or her spouse convey his or her separate property.
Source: SDC 1939, § 14.0204; SL 1984, ch 12, § 42.
25-2-10. Property transactions of husband or wife--Transactions between spouses.
Either husband or wife may enter into any engagement or transaction with the other, or with any other person, respecting property, which either might, if unmarried, subject, in transactions between themselves, to the general rules which control the actions of persons occupying confidential relations with each other, as prescribed by law.
Source: SDC 1939, § 14.0202.
25-2-11. Joint and several liability for necessaries.
Every husband and wife shall be jointly and severally liable for the purchase price, if such price be stated or agreed upon at the time of purchase, and if not so stated or agreed upon, for the reasonable value of all the necessaries of life, consisting of food, clothing, and fuel purchased by either husband or wife for their family while they are living together as husband and wife.
Source: SDC 1939, § 14.0206.
25-2-12. Right to spouse's earnings--Earnings of minor children.
The earnings of a spouse are not liable for the debts of the other spouse. The earnings and accumulations of a spouse and of his or her minor children living with him or her or in his or her custody while he or she is living separate from the other spouse are his or her separate property.
Source: SDC 1939, § 14.0206; SL 1984, ch 12, § 43.
25-2-13. Alteration of legal relations by husband and wife--Separation and support agreements.
A husband and wife cannot by any contract with each other alter their legal relations, except as to property, and except that they may agree in writing to an immediate separation and may make provision for the support of either of them and of their children during such separation. The mutual consent of the parties is sufficient consideration for such separation agreement.
Source: SDC 1939, § 14.0202.
25-2-14. Responsibility for acts of spouse.
Neither husband nor wife as such is answerable for the acts of the other.
Source: SDC 1939, § 14.0206.
25-2-15. Spouse's power to sue.
For any injury to his or her reputation, person, or property, a person may sue in his or her own name without joining his or her spouse as a party plaintiff. Actions founded upon a person's separate contracts or torts or relating to his or her individual property may be brought without joining his or her spouse as a party defendant.
Source: SDC 1939, § 14.0207; SL 1984, ch 12, § 44.
25-2-16. Definitions.
Terms as used in §§ 25-2-16 to 25-2-25, inclusive, mean:
(1) "Premarital agreement," an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage;
(2) "Property," any interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.
Source: SL 1989, ch 216, § 1.
25-2-17. Formalities.
A premarital agreement shall be in writing and signed by both parties. It is enforceable without consideration.
Source: SL 1989, ch 216, § 2.
25-2-18. Content.
(a) Parties to a premarital agreement may contract with respect to:
(1) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
(2) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
(3) The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
(4) The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
(5) The ownership rights in and disposition of the death benefit from a life insurance policy;
(6) The choice of law governing the construction of the agreement; and
(7) Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
(b) The right of a child to support may not be adversely affected by a premarital agreement.
Source: SL 1989, ch 216, § 3.
25-2-19. Effect of marriage.
A premarital agreement becomes effective upon marriage.
Source: SL 1989, ch 216, § 4.
25-2-20. Amendment--Revocation.
After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.
Source: SL 1989, ch 216, § 5.
25-2-21. Enforcement.
(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:
(1) That party did not execute the agreement voluntarily; or
(2) The agreement was unconscionable when it was executed and, before execution of the agreement, that party:
(i) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
(ii) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
(iii) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
(b) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
Source: SL 1989, ch 216, § 6.
25-2-22. Enforcement--Void marriage.
If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
Source: SL 1989, ch 216, § 7.
25-2-23. Limitation of actions.
Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.
Source: SL 1989, ch 216, § 8.
25-2-24. Application and construction.
Sections 25-2-16 to 25-2-25, inclusive, shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of the Uniform Premarital Agreement Act among states enacting it.
Source: SL 1989, ch 216, § 9.
