Short answer

If the other party asks the court only to sell the house and does not propose buyout terms, you still have options. You can: (1) respond and ask the court to set buyout rules or to value the property; (2) propose a buyout (cash payment, refinance, assumption of mortgage); (3) ask the court to appoint appraisers or a receiver; (4) ask for mediation or negotiation before sale; or (5) object and request a hearing on valuation and division of proceeds. In South Dakota, family and civil courts have discretion to order equitable division of property and to manage how sale or buyout occurs (see South Dakota Codified Laws, Title 25 for domestic relations and Title 21 for civil actions).

Detailed answer — step-by-step options under South Dakota law

When someone files a petition asking the court only to sell the home, the petition is often asking the court to partition or liquidate a shared asset. In South Dakota the court has tools to manage disposition and division. Below are the practical steps you can take and the legal tools the court may use.

1) File a timely written response (or answer) and ask for a hearing

Don’t let a unilateral request proceed uncontested. File a response or objection. Ask the court to:

• set a hearing on whether the house should be sold,
• require the court to determine the fair market value before any sale, and
• set buyout terms if one party wishes to keep the home.

Filing a response preserves your right to present evidence about value, contributions, mortgage responsibility, and proposed buyout terms.

2) Propose specific buyout terms

If you want to keep the house, propose concrete buyout terms in writing. Common buyout structures include:

• cash buyout: you pay the other party a lump sum equal to their share, based on an appraised value;
• refinance/assumption: you refinance the mortgage in your name and pay the other party their equity share;
• structured payment: you pay in installments with interest secured by a mortgage or promissory note;
• offset: you keep the house but receive a reduced cash payment because the other party keeps other assets of equivalent value.

Provide an appraisal or request the court order an appraisal so the buyout uses an agreed, court-approved value.

3) Ask the court to order a valuation (appraisal) or appoint experts

Where buyout terms are missing, ask the court to appoint neutral appraisers or to allow each side to present appraisals. A court-ordered valuation supports a fair buyout and helps the judge set buyout amounts or divide sale proceeds equitably.

4) Move for temporary orders about possession, mortgage payments, and maintenance

Before sale, you can ask for temporary relief to protect your and the property’s interests: who lives in the home, who pays the mortgage, taxes, utilities, and insurance. A temporary order prevents deterioration of the asset and clarifies financial obligations while the case proceeds.

5) Ask for mediation, negotiation, or a settlement conference

South Dakota courts routinely encourage or require alternative dispute resolution. Mediation or direct negotiation often produces a buyout or sale plan faster and cheaper than a contested hearing.

6) Ask the court to appoint a receiver or order sale procedures

If the parties cannot agree and one party asks only for sale, the court can:

• appoint a receiver to manage and market the property,
• set sale procedures (listing price, commissions, bidding process), and
• order distribution of proceeds after paying liens, costs, and reasonable credits.

Request clear instructions from the court about how proceeds and costs will be divided.

7) Consider counterclaims or alternative relief

If you believe the sale is unfair or the petitioner has acted improperly (waste, hiding assets, or failing to maintain the house), you can file counterclaims asking the court for different relief—like awarding the property to you, ordering a buyout, or awarding damages or credits.

8) Preserve evidence that affects buyout and division

Gather appraisals, mortgage statements, HUD/closing statements, proof of improvements, receipts, tax records, and any written agreements about the house. Document who paid the mortgage, property taxes, insurance, and repairs—these items influence equitable division.

9) Understand how the court divides proceeds in South Dakota

In divorce cases, South Dakota courts divide marital property equitably. In partition or property division proceedings the judge will account for liens, mortgages, the parties’ contributions, and other equitable factors before distributing sale proceeds. For an overview of domestic relations provisions see South Dakota Codified Laws, Title 25: Domestic Relations (statutes on property division and related relief): https://sdlegislature.gov/Statutes/Codified_Laws/Default.aspx?title=25. For civil actions that can include partition and receivership, see Title 21: Civil Procedure and Remedies: https://sdlegislature.gov/Statutes/Codified_Laws/Default.aspx?title=21.

Note: those Title pages list chapters and sections that explain how courts handle property, partition, and related relief.

When a sale is ordered with no buyout terms: what to expect at court

• The judge may set an evidentiary hearing to determine value and division of proceeds.
• The judge can order an appraisal, specify sale terms, and direct distribution of net proceeds after debts, costs, and credits.
• If one party can show a reasonable proposed buyout (with financing proof), the judge may allow buyout rather than sale.
• If parties remain unable to agree, the court can order a sale and split the net proceeds equitably.

Helpful Hints

• Respond quickly: meet procedural deadlines so you keep your rights.
• Get an independent appraisal early to support any buyout or value dispute.
• Collect documents: mortgages, payments, receipts for improvements, taxes, insurance, and closing statements.
• Explore refinancing early if you want to buy out the other party; lenders need time to approve loan changes.
• Consider mediation—courts often favor settlement and it’s usually cheaper and faster than litigation.
• Ask for temporary orders to make sure mortgage and insurance are paid while the case is pending.
• Think about tax consequences of sale vs. buyout—consult a tax professional for capital gains or basis questions.
• Talk to a local attorney experienced in South Dakota family law or civil partition actions to map strategy and draft precise court filings.