What Happens To Oil And Mineral Rights In Divorce?

You may not have realized that oil, gas and mineral rights may be considered community property in a divorce. Depending on the circumstances of your unique situation, the value of rights and land could be divided with your spouse.

There are several exceptions and complicated laws in Texas that apply to land ownership and rights. It is critical that you retain an experienced lawyer to protect your rights, interests and assets regarding property division.

At Scott M. Brown & Associates, our Pearland oil and mineral rights lawyers have years of combined experience representing clients in the Houston area and throughout Texas. We scrutinize the technicalities of transactions, rental payments, royalty payments, bonus payments and other income to ensure our clients’ best possible outcome.

Speak with one of our lawyers today at 979-849-8526 to schedule a consultation at one of our offices.

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Be it family law, divorce, criminal defense, or personal injury — our Texas family law attorneys are here to help. We are results-driven, and we work tirelessly for our clients.

Our Houston family law and divorce attorneys have been providing compassionate and personalized legal services in Texas. Scott M. Brown is a certified family law specialist by the Texas Board of Legal Specialization.


Oil, Gas And Mineral Rights In Divorce

Close attention must be paid to land assets of any type. We execute thorough property valuations, determine ownership of all rights on the land and closely track all financial payments and interests of divorcing parties. Commingled accounts can make the process even more complex, but our attorneys know what to look for, and we know how to best protect your interests and rights.

Did you know that you could own the land that has mineral, gas or oil deposits, but not own the rights to those resources? This makes collecting any income on those assets challenging. Additionally, you could own the mineral, gas or oil rights, but not own the land, which puts extracting the resources from the land or developing the land out of your control.

Determining the following will have significant bearing on your case:

  1. The value of the land
  2. Value of current assets on the land
  3. Defining all land and assets as community or separate property
  4. Whether there is active mineral extraction from the land
  5. Classifying the resources as crops, timber, sand, gravel, gas, oil or other interests

Most people inherit their mineral, gas and oil rights, but the rights will be put into question if they were obtained during the marriage or if you collected any sort of royalty or other income during the marriage.

Scott M. Brown & Associates | Angleton Oil And Gas Royalties Attorneys

We are here to help, and we will help you navigate the practical steps to retaining your rights and land. Contact us at 979-849-8526 to schedule a consultation with an attorney.

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