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South Dakota · SDCL 43-31-17South Dakota homestead: both spouses sign, together or separately

In South Dakota, a conveyance or encumbrance of a homestead by its owner, if married and both spouses are residents of the state, is valid if both spouses concur in and sign it, either by a joint instrument or by separate instruments (SDCL 43-31-17). The statute makes one exception: for a home loan application under the federal veterans' home loan law, the spouse of a service member officially declared missing in action, captured or detained by a hostile force or foreign government can sign alone.

The rule

  1. 1. Rule (43-31-17)

    Both resident spouses concur in and sign a deed or mortgage of the homestead.

  2. 2. How

    One joint instrument or separate instruments.

  3. 3. Residents

    The statute applies when both spouses are South Dakota residents.

  4. 4. Exception

    Spouse of a service member missing or detained, for a VA home loan.

What the TC can do

  • Ask early whether the seller is married and whether the house is their home.
  • Tell the closing agent so the deed and closing documents include the spouse.
  • If the spouse can't attend, ask the closing agent about a power of attorney well before closing.

Questions about spouses signing

Can South Dakota spouses sign the deed separately?

Yes – both must concur and sign, either in a joint instrument or by separate instruments (SDCL 43-31-17).

Does the South Dakota rule apply to nonresident spouses?

The statute applies when the owner is married and both spouses are residents of South Dakota (SDCL 43-31-17).

Related guides

Add a task in ClosingCode to confirm every required signer, with an owner and a due date before closing.

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Source: South Dakota Codified Laws 43-31-17 (sdlegislature.gov, read October 26, 2026).

General information, not legal advice. Whether a property is a homestead and who must sign is a question for the closing attorney or title company. ClosingCode is software; it is not a law firm or title company. This guide is not a substitute for the advice or services of an attorney.