Joinder of surviving joint owners in action--Right of contribution.

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43-46-5. Joinder of surviving joint owners in action--Right of contribution.

In any case where a deceased joint owner had more than one joint tenancy at the time of his death, all of the surviving joint owners therein shall be jointly and severally liable to the creditors or personal representative of the deceased joint owner as herein provided and any such surviving joint owner who is made a defendant in any such action shall have the right to require any other such surviving joint owner within the jurisdiction of the court to be joined as a party defendant in such action and shall also have the right of pro rata contribution against other surviving joint owners, to the extent of their respective liability hereunder.

Source: SL 1969, ch 198 (3); SDCL 30-21A-5; SL 1995, ch 167, §167.


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