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Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 101000
Experience:  Fully licensed attorney in Texas in private practice.
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My husband and I were married for over 37 years and then we

Customer Question

My husband and I were married for over 37 years and then we divorced. While we were married we were purchasing 46 acres of land that included the mineral rights. In the divorce, he retained 46 acres of land as well as the mineral rights. We subsequently remarried a year later and then after 3 more years of marriage we divorced again. He retained the 46 acres again in the final divorce, but did not stipulate the mineral rights. Two months ago, he passed away. Who do the mineral rights belong to?
Submitted: 4 months ago.
Category: Estate Law
Expert:  Ely replied 4 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. In Texas, if the deed is silent on the mineral rights, they are assumed to be conveyed along with top soil. Many times the deed will mention both the top soil and mineral rights. However, not always. And again, the presumption is that BOTH are included unless the deed specifically leaves out one or the other or otherwise limits conveyance.

This means that unless the the deed specifically stated that mineral rights do NOT go to him at at the time of "he retained the 46 acres again in the final divorce, but did not stipulate the mineral rights," the mineral rights were retained with those 46 acres, and now belong to his estate.

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Expert:  Ely replied 4 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!