Detailed answer: What happens when an heir living in inherited property in South Dakota refuses to move out or sell their share?

Short answer: In South Dakota, co-owners (including heirs) who cannot agree about use, sale, or occupation of inherited real estate can be forced to resolve the dispute in court. The usual remedies are a partition action (court-ordered division or sale of the property) and, where an occupant refuses to leave after a sale or transfer, ejectment/forcible entry and detainer. Court action will typically result in either physical division (partition in kind) if practical, or a sale with proceeds divided according to ownership shares.

How this works under South Dakota law

When someone dies owning real property in South Dakota and title passes to multiple heirs or beneficiaries, each heir usually owns an undivided fractional interest. If one heir lives on the property and refuses to leave or refuses to cooperate to sell, the other co-owners have several common options:

Negotiate a buyout or sale. Try mediation or an agreement where the occupying heir buys out the others, the others buy out the occupant, or everyone agrees to sell to a third party and split proceeds.
File a partition action in circuit court. South Dakota law permits co-owners to ask a court to partition jointly owned land. If the court finds partition in kind (physically dividing the land) impractical or inequitable, it can order a public sale of the property and divide the sale proceeds among co-owners according to their ownership shares. To start this process you usually file a complaint for partition in the appropriate Circuit Court. For general statute information and to locate the statutory provisions, see the South Dakota Codified Laws at https://sdlegislature.gov/Statutes/Codified_Laws and search for “partition” or related civil actions.
After a court-ordered sale, remove the holdout occupant if needed. If the court orders the property sold and the occupant refuses to vacate after the sale, the purchaser (or co-owner who acquires the full interest) can use an ejectment or forcible entry and detainer action to obtain possession. The South Dakota Unified Judicial System has information about civil filings and local court procedures at https://ujs.sd.gov/.
Use partition to force a practical result. Courts often prefer to divide land physically when fair and possible, but when division would impair value (a single-family house on a single lot, for example), the court will more likely order sale and distribution of proceeds.

What to expect in a partition case

Who can file: Any co-owner (including an heir) with an ownership interest in the property may file a partition complaint in circuit court.
Evidence and title: You will need to show your ownership interest (will, deed, probate distribution, or other title documents). The court will examine deeds, probate documents, and other proof of ownership and may appoint commissioners or a referee to evaluate division or sale.
Costs and fees: Partition actions incur court costs, possible survey and appraisal fees, and attorney fees (usually paid from sale proceeds or assessed by the court in some situations). These costs come out of the net proceeds before co-owners are paid.
Timing: Partition and sale can take several months to over a year depending on complexity, whether title is clear, and court schedules.
Occupancy while action proceeds: A living occupant retains use until there is a final court order. The court may allocate responsibility for taxes, insurance, and maintenance during the process; it can also order rent to be collected from an occupying co-owner for the benefit of other co-owners, depending on circumstances.

What if the heir claims a greater right (e.g., adverse possession or exclusive ownership)?

Arguments that an occupant has exclusive ownership (through adverse possession or some other claim) require proof under South Dakota law. Adverse possession has strict elements (actual possession that is hostile, open, continuous, and exclusive for the statutory period). If the occupant asserts such a claim, the court will address title issues as part of any partition or related action. Search SDCL or consult court rules on title disputes at https://sdlegislature.gov/Statutes/Codified_Laws.

Practical steps you can take now

Collect documents: death certificate, will (if any), probate court orders, deeds, tax bills, mortgage information, and any written communications about occupation or offers to buy.
Try negotiation first: offer a buyout, mediation, or agreed sale to avoid litigation costs.
If negotiations fail, consult a South Dakota attorney experienced in probate/real estate and partition to evaluate filing a partition action or eviction remedies.
If you proceed to court, be prepared to document ownership, value, and any agreement efforts. Expect the court to consider fair division, the practicality of dividing the land, and the interests of all parties.

Helpful hints

Communicate in writing: document offers, refusals, and requests concerning occupancy and sale.
Preserve evidence: keep records of payments for taxes, utilities, or rent related to the property.
Consider temporary measures: a short-term buyout or lease can prevent long, costly litigation while you explore options.
Be realistic about costs: litigation and sale-related expenses reduce the net amount each heir receives.
Get a current appraisal: knowing the market value helps in buyout negotiations or court valuation issues.
Ask about mediation: many courts and local bar associations encourage mediation to solve partition disputes without trial.

Where to find more information and forms

South Dakota statutes and searchable code: https://sdlegislature.gov/Statutes/Codified_Laws

South Dakota Unified Judicial System (court information and links to local circuit courts): https://ujs.sd.gov/

Disclaimer

This article explains general principles of South Dakota law and is for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created. For advice tailored to your situation and to begin any court filing, consult a licensed South Dakota attorney.