Johnson v. Johnson

FOSHEIM, Justice

(concurring specially).

I agree with the majority opinion in all respects except as to the conclusion that the marital home should be sold so that an equitable distribution can be made between the parties. In my opinion, this overreaches the requirements on appeal and invades the province of the trial court. The circuit court may very well conclude that until the youngest child reaches maturity or is otherwise emancipated, the marital home should remain in the possession of appellee, who has custody of the minor. See Bruggeman v. Bruggeman, 292 N.W.2d 111 (S.D.1980).

I am hereby authorized to state that WOLLMAN, C. J., joins in this special concurrence.