Bankr. No.:
22-50056
Chapter:
7
Date of Decision:
November 29, 2022
Issue:
Whether a chapter 7 debtor may claim a homestead exemption in a marital home owned by her former husband under S.D.C.L. §§ 43-31-1, 43-31-4, and 43-45-3(1)?
Ruling:
Yes. The chapter 7 trustee's objection to the debtor's claimed homestead exemption was denied. On the petition date the debtor met the requirements of S.D.C.L. § 43-31-2 to claim a homestead exemption because the debtor used the house as her home and she was an owner of the house, under the definition of "ownership" provided by S.D.C.L. § 43-2-1, because her use was exclusive.
Full Bankruptcy Court Decision:
