Before I was married I owned a property outright. I then signed an Oil and Gas Lease. A couple of years later I got married and moved out of Arkansas the State the property was located. My husband said that it was too far away for us to take care of and we needed to sell it. I therefore sold the land but not the mineral rights.
Because of the regulations in Arkansas regarding married people, when the Warranty Deed was issued for the sale of the land, my husbands name also had to be included. Itstates that Grantors hereby retain all of grantors oil, gas and mineral interests. Subject to any prior reservations or conveyances of any oil, gas or mineral interests or royalties that may appear of record.
We are now going through a divorce and my husband has stated that he is entitled to half of the royalties because his name is on the Warranty Deed.
Can anyone advise if he is correct?
Thanks for everyones help in this matter.
Dear Ms. Pulse,
Was the acreage homestead? If so, that could easily explain your husband's joiner in the sale.
In other states, a reservation such as what you described would not create a transfer into your husband. As to Arkansas, I really do not know, but if I were to jump one way or the other, the husbands assertion does not hold water.
Buddy,
It was a house with 17.5 acres when I purchased it and my daugher and I lived there with our horses and dogs until I got married. A tornado took out the house a year later which is why I just sold the land.
Thank you for for your feed back it is greatly appreciated
Diana
You should check with a local lawyer but in fact, you may have created an interest for him at the time of land sale.
Send me a personal message and I will give you some names of lawyers in that area that I know. I am not trying to promote any of them and cannot vouch for their quality but I do work with several in the region.
Diana,
It is important that you contact an attorney in Arkansas who is familiar with real estate and mineral interests. It is my thinking that if you never deeded the property to you and him jointly, that he has no right to a legal interest in the mineral rights in a divorce situation.
Don Brewer
Arkansas Realtor
Thank you Don I have caled someone and am waiting for them to get back to me. As soon as I know anything I will post a response just incase anyone else ends up in the same situation