My ex and I have the mineral rights to our property leased, have been leased since before the divorce. The divorce decree does not adrress who owns the mineral or royalty rights after divorce. The property is now producing royalties, am I entitled to half?
Answer
This depends on how the minerals are owned. If they were purchased during the marriage there is a presumption that the minerals are community property and you would be entitled to half.
If the minerals are separate property, for example, If they were given to one of you or inherited to one of you only that person is entitled to the property.
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