Stearns v. Stearns

Defendant to whom divorce in this action was granted contends that the court was without authority to assign to plaintiff the family homestead.

As to the disposition of the homestead on termination of the marriage by divorce, SDC 14.0728 provides: "The court, in rendering a decree of divorce, may assign the homestead to the innocent party, either absolutely or for a limited period, according to the facts in the case, and in consonance with the law relating to homesteads."

Legislation providing for homestead exemptions is enjoined by § 4, Art. XXI, State Constitution. The homestead does not…