Gunn v. Gunn

Under SDCL 43-45-3 and SDCL 15-16-7, the trial court was not entitled to hold the proceeds of Michael’s homestead sale in escrow.

I agree that the purpose of the homestead exemption is to provide security of a family against the claims of creditors. Speck v. Anderson, 318 N.W.2d 339, 343 (S.D.1982). Despite the majority’s use of Minnesota authority, In re Application of Jensen, 414 N.W.2d 742 (Minn.App.1987), the ex-wife who maintains her own homestead in Washington is no longer a part of Michael’s family or homestead.

The statutes leave no room for discretion; they have not provided exceptions…