55-17-9. Matters upon which spouses may agree.

142 words·~1 min read·/sd/title-55/chapter-55-17/55-17-9

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Except as provided in §§ 55-17-10 and 55-17-11 , in a South Dakota special spousal trust, spouses may agree on:

(1)The rights and obligations in the property transferred to the trust, notwithstanding when and where the property is acquired or located;

(2)The management and control of the property transferred to the trust;

(3)The disposition of the property transferred to the trust on dissolution, death, or the occurrence or nonoccurrence of another event; if there is no provision in the governing instrument on disposition of the property transferred to the trust on dissolution, South Dakota law on disposition of property on dissolution applies;

(4)The choice of law governing the interpretation of the trust; and

(5)Any other matter that affects the property transferred to the trust and does not violate public policy or a statute imposing a criminal penalty.