Legal Opinion

Wisner v. Pavlin

South Dakota Supreme Court

Decided July 19, 2006No. 23904Published

1Opinion of the Court

MEIERHENRY, Justice.

[¶ 1.] Ethel Pavlin (Ethel) contests a court ordered partition sale of real property which she owns as a tenant in common with Dennis Wisner (Dennis). Ethel claims her homestead interest in the property prevents the partition. The trial court denied her claim and granted the partition. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

[¶ 2.] In 1999, Ethel purchased a home in Sioux Falls with Francis Wisner (Francis). Although the two were never married, Francis and Ethel held the property as joint tenants with right of survivorship. The two resided at the home together and…

2Cases cited21 opinions

  1. Sayers v. PylandTexas Supreme Court · 1942
  2. Laster v. First Huntsville Properties Co.Texas Supreme Court · 1992
  3. Thorn v. ThornSupreme Court of Iowa · 1862
  4. In Re Estate of HoweSouth Dakota Supreme Court · 2004
  5. Botsford Lumber Co. v. ClouseSouth Dakota Supreme Court · 1934

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