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Cases of Interest: South Dakota
© National Legal Research Group, Inc.
Appreciation of Assets (full category)
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SOUTH DAKOTA: Bennett v. Bennett, 516 N.W.2d 672 (S.D. 1994).
The wife was entitled to share in the appreciated value of cattle which the husband brought into the marriage, in view of the parties' efforts over the years to maintain the herd.
Read More About This CaseClassification of Assets (full category)
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SOUTH DAKOTA: Albrecht v. Albrecht, 2000 SD 54, 609 N.W.2d 765 (2000).
The husband received farmland from his parents via a contract for deed, which was not a "gift" from his parents. This transfer should have been included in the parties' marital estate. In addition, the award of farm and road maintenance assets to the husband did not constitute inequitable property division.
Read More About This CaseDivision (full category)
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SOUTH DAKOTA: Feldhaus v. Feldhaus, 646 N.W.2d 753 (S.D. 2002).
The parties were married in 1980, and they separated after 20 years of childless marriage. The husband was 61 years of age and the wife was 53 years of age. Both worked outside the home during the marriage, and they pooled their individual salaries and shared expenses.
Read More About This CaseMarital Home (full category)
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SOUTH DAKOTA: Abrams v. Abrams, 516 N.W.2d 348 (S.D. 1994).
Even if the sale of the marital home were not immediately contemplated, it was reasonable for the trial court to consider the net value of the home to the party who received it.
Read More About This CaseMilitary Benefits (full category)
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SOUTH DAKOTA: Porter v. Porter, 542 N.W.2d 448 (S.D. 1996).
The wife's 1994 motion to reopen the parties' 1981 divorce decree in order to obtain a share of the husband's military retirement benefits was not filed within a reasonable time, and an independent action for relief from judgment was barred by laches.
Read More About This CasePensions (full category)
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SOUTH DAKOTA: Feldhaus v. Feldhaus, 646 N.W.2d 753 (S.D. 2002).
The trial court did not err in awarding the husband 54% of the marital estate. He was age 61, retired, and in poor health, while the wife was age 53, still employed, and in good health. In addition, the husband's major asset was his retirement plan, which had no immediate cash value.
Read More About This CaseValuation of Property (full category)
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SOUTH DAKOTA: Abrams v. Abrams, 516 N.W.2d 348 (S.D. 1994).
It was reasonable for the trial court to deduct hypothetical sale costs when valuing the marital home.
Read More About This CaseSOUTH DAKOTA: Abrams v. Abrams, 516 N.W.2d 348 (S.D. 1994).
Even if the sale of the marital home were not immediately contemplated, it was reasonable for the trial court to consider the net value of the home to the party who received it.
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