I own the mineral rights in two counties in Eastern Montana. We live in a community property state yet I believe Montana does not recognize community property. Two of my leases have my husband's name and his signature, along with mine on them. Could this invalidate the leases?
W
What legal remedies do we have in Montana to cure this problem?
Thank you for your input.
CircleBarH:
I don't see any problem with both of you being on leases. Are you both recorded at the County Clerk's office?
Both of our names are recorded in each County Clerks offices on some leases. My question arose from my sister telling me that if her husband were on the lease, the mineral rights would go to the children. However, she is in the State of Oregon. I am in Washington State were community property is a well defined entitiy. My information, from working in a law office (but never with mineral rights) is that accross state boarders, the state where the action (lease origination) took place, sets the laws to be followed. My husband does not have a filed legal document in the State of Montana stating that he is a co and equal owner - this is a Washington legal term - of my mineral rights. Mr. Mallory, thank you for responding.
charles s mallory said:
CircleBarH:
I don't see any problem with both of you being on leases. Are you both recorded at the County Clerk's office?
Circle Bar H,
From the perspective of an oil company, or as far as seeing the minerals developed, if your husband is not shown as an owner of the minerals, then his signature on a lease would carry the same weight as my signature on your lease. It may cause some confusion later on during a title search, and it doesn't help anything, but nor does it really hurt anything or invalidate the lease.
If title is in your name then your signature is all the oil company needs to proceed. However, it's not uncommon for them to sometimes request that a spouse signs as well. I suspect they just see this as extra protection (for them) in the case of a death or divorce.
Mr. Mallory, are you asking if my husband and I have a legal document valid in Montana that joins us in the mineral interest filed with each county? We do not.
CirleBarH:
I was referring to the names on these minerals in the County Clerk's office where all mineral records are on file.
CircleBarH said:
Mr. Mallory, are you asking if my husband and I have a legal document valid in Montana that joins us in the mineral interest filed with each county? We do not.
No. The probate was done in the names of my three siblings and myself. Does that pose a legal problem? I hope I understood your question correctly this time. Thank you for replying. Cirle (Circle-Bar-H)
charles s mallory said:
CirleBarH:
I was referring to the names on these minerals in the County Clerk's office where all mineral records are on file.
CircleBarH said:Mr. Mallory, are you asking if my husband and I have a legal document valid in Montana that joins us in the mineral interest filed with each county? We do not.
CircleBarH:
If an individual(s) acquire mineral rights, whether by inheritance or other avenues, they have to record these minerals acreages at the County Clerk's office in the county where the minerals are located. I was stating that both a husband and wife could record these mineral acres in both their names. This was in reference to your above post.
CircleBarH said:
No. The probate was done in the names of my three siblings and myself. Does that pose a legal problem? I hope I understood your question correctly this time. Thank you for replying. Cirle (Circle-Bar-H)
charles s mallory said:CirleBarH:
I was referring to the names on these minerals in the County Clerk's office where all mineral records are on file.
CircleBarH said:Mr. Mallory, are you asking if my husband and I have a legal document valid in Montana that joins us in the mineral interest filed with each county? We do not.
Mr. Mallery, to avoid a probate, I put my husband's name, recorded at the courthouse in each county, on the documents. Thank you for your attention.