Or, if you inherited a home from your parents, even during your marriage, that house would also be your separate property. Texas presumes that property a spouse acquires while married is community property, except if the spouse received the property by gift or an inheritance.įor example, if you owned a house before your marriage, that home would be your separate property. Property that a spouse acquires before marriage is separate property. Texas classifies property owned by a spouse as community property or separate property depending on when and how it was acquired. It also affects which property you can dispose of in a Will at your death.īut how does one distinguish between which property is community and separate? The following is an explanation of how Texas characterizes property. ![]() If you need assistance determining whether you own the mineral rights to your property or have questions regarding how to convey them, we welcome you to contact one of our experienced real-estate attorneys at 71.I have written before that the characterization of property as separate or community dictates who inherits property when a married person dies without a Will in Texas. If the mineral rights have been severed from the property–by reservation in a deed or transfer to a third party or heir–a title search may trace the mineral title as far as possible. The chain of title ensures that the mineral rights were not previously severed and are included in the surface estate or may aid in the search for the current owner of the minerals. How do you know who owns the mineral rights on your property? The only way to determine if a deed conveys mineral rights is to review the property’s chain of title. At the time of purchase, the title research will disclose information regarding ownership. It is important that the mineral rights being sold with the property are owned by the person selling the surface estate, as the person must own the mineral rights to transfer them with the surface estate. The owner may convey the land to one person and the mineral rights to another. The owner may convey the mineral rights while retaining the land, by which case the seller issues a separate mineral deed to the buyer of the mineral rights. ![]() ![]() The owner may convey the land but retain the mineral rights through a statement in the deed transferring the land that reserves all mineral rights to the seller. The owner of the mineral estate is entitled to developing minerals but may be held liable to the surface owner for any damages caused to the surface.Īn owner can separate mineral rights from land through a variety of ways. The deed should name the seller and the buyer in addition to stating the rights being sold or given. ![]() How does the severance of surface and mineral rights work? It typically takes place through a deedor a lease execution. Laws in Texas permit the severance of the two estates to be owned by two separate holders. Ownership of anything beneath the ground, including oil and gas, is referred to as the mineral rights estate. Have you recently had a property transferred to your name? Ownership of the piece of land is known as the surface rights estate, which includes everything on top of the land, such as structures and greenery.
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