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  1. #1
    Join Date
    Aug 2015
    Posts
    1

    Default How to Divide Mineral Rights in a Divorce

    My question involves a marriage in the state of: Texas. My husband is deeding half his mineral rights in OK to me. The county clerk, the oil company and our lawyer said to file a quit claim deed. I have all the legal information. The quit claim deed does not have a place, that I see, for dividing the rights into a 50% ownership instead of full ownership. There is also a property tax parcel account number or a PIN number I have yet to find. Is it on last years tax statement from the oil company? The division of the mineral rights is one of the terms agreed to. The divorce papers are signed and notarized. The court has a copy and the oil company has a copy. Oil company wants the deed changed legally. We couldn't find that deed had been filed, just where the final decree of the will that showed the inheritance. All the leases over the years included both our names, so we assumed that was how the deed was filed. Our lawyer wasn't a lot of help over the phone. We need it done asap.

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: How Do We Divide Mineral Rights in a Divorce

    Quote Quoting jme
    View Post
    My question involves a marriage in the state of: Texas. My husband is deeding half his mineral rights in OK to me. The county clerk, the oil company and our lawyer said to file a quit claim deed. I have all the legal information. The quit claim deed does not have a place, that I see, for dividing the rights into a 50% ownership instead of full ownership. There is also a property tax parcel account number or a PIN number I have yet to find. Is it on last years tax statement from the oil company? The division of the mineral rights is one of the terms agreed to. The divorce papers are signed and notarized. The court has a copy and the oil company has a copy. Oil company wants the deed changed legally. We couldn't find that deed had been filed, just where the final decree of the will that showed the inheritance. All the leases over the years included both our names, so we assumed that was how the deed was filed. Our lawyer wasn't a lot of help over the phone. We need it done asap.
    Find yourself an attorney that specializes in mineral rights. An ordinary, fill in the blank quit claim deed won't work.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: How to Divide Mineral Rights in a Divorce

    I see another problem.

    Quote Quoting jme
    View Post
    We couldn't find that deed had been filed, just where the final decree of the will that showed the inheritance.
    What inheritance?

    Did you or your ex inherit property from a relative?

    Was the property probated and a deed issued by the representative of the estate or executor to transfer the ownership of the property to the heir?

    You're going to have to first check for a probate file on the deceased to see how that went.

    Then you are going to have to check the deed records with the County Recorder where the property is located and look for the dead in the name of the deceased and then see if any subsequent deeds were executed after his death.

    You can find the parcel number by looking up the property on the County Assessor's website. You can do it by address or by name of owner of record once you find the deed.

    You might need a probate attorney before you need a mineral rights attorney.

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