I received mineral rights as an inheritance and am divorcing my spouse. His interrogatory asks for information regarding real estate and real property. My question is how are mineral rights described. Are they real estate, real property or otherwise described? Mineral rights are located in Texas and Louisiana. Divorce is in Arkansas. Thanks for any info.
Minerals are classified as real property in Texas. Inherited minerals are separate property as long as only titled in heir’s name in deed. What do you mean by “mineral rights”? Did you receive minerals, overriding royalty, NPRI, working interest in a lease, or something else? You should consult your divorce attorney as to treatment of separate assets in your state. Attorney may need to consult with an oil and gas attorney about your mineral rights if he is not familiar with this specialty.
Thanks so much. They are NPRI. Your response was very helpful and I’ll check with my attorney.
An interest in the royalty (an NPRI) is an interest in real property in the State of Texas
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