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The answer to your question is it depends. Typically, couples will fill out a Marital Settlement Agreement to determine who gets what property. If in your agreement you decide to leave, then you can leave. If you agree that you get the house, then you stay. If you can't agree, then you will go to court. There, a SD family court judge will determine who should get the house. They will weigh factors like who is listed as the owner of the property; who is working; and if there are any kids that live in the home.
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