How do we go about dividing mineral rights post divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do we go about dividing mineral rights post divorce?
My ex-husband and I moved from TX in 2007. We sold our home there but kept the mineral rights. After moving to AL, we divorced. We had forgotten about the rights and the company started drilling and issued royalty checks made payable to the both of us. His current wife received the check in the mail and signed my name, however the bank rejected ii since my name was not on their account (this is how I found out about the royalties). Now, I need to get the rights divided equally between he and I so the checks can come separately.
Asked on April 14, 2011 under Family Law, Alabama
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You and your ex husband can agree to divide the rights between you, equally I am assuming. I am just concerned about how things may read in the divorce agreement. I would want you to take the agreement to someone to read to make sure that the matter was not covered in some way (I know that you say that it was not but really someone needs to read i to make sure). Then you can amend the agreement and agree to divide the rights between you. Procedurally, however, you may have to go before the court that issued the divorce, as it was an asset of the marriage that was not addressed before. At this point in time it is really just a business arrangement but I would double check on it anyway. Perhaps call the attorney who handled the divorce for you in the first place. And call the company who has the drilling rights and ask them what they need to send separate checks. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.