Wilson Whitaker Rynell

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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

Oil and Mineral Rights in Divorce in Texas

ATTORNEYS IN DALLAS

Dividing Oil and Mineral Rights in Divorce Settlements

Oil and Mineral Rights in Divorce

While it is well-known that a divorcing couple needs to split their shared assets, many people may not realize the extent of this process. In addition to dividing tangible assets, the court must also decide how to allocate assets such as oil or mineral rights in a divorce. These assets are often of high value, and individuals seeking a divorce may benefit from seeking legal advice to determine how this property will be affected by the dissolution of their marriage.

Community Property in Texas

In Texas, community property is subject to equitable division when a couple gets divorced. Community property refers to property that belongs to both spouses equally, which can include income, interest on bank accounts, and oil or mineral rights acquired during the marriage, with some exceptions such as property obtained through inheritance or a gift, or precluded from becoming community property via a prenuptial or postnuptial agreement, and property awarded as damages for bodily harm in a civil lawsuit. Anything not considered community property is classified as separate property, which includes property owned by either spouse before the marriage. It is important to note that equitable division of community property does not always mean an equal division.

Determining Oil and Mineral Rights in Divorce

Real estate in Texas is divided into surface rights and mineral rights. The former grants ownership of the land and everything on it, while the latter allows control of anything below the surface, including oil, minerals, and water. When a couple decides to divorce, they must determine the value of both surface and mineral rights before dividing the real estate equitably. It can be challenging to divide mineral rights when one or both parties lease them to third parties. A skilled divorce attorney can assist in determining how bonuses, royalty, and working interest payments are allocated in such cases. If mineral rights are jointly owned, they are community property subject to equitable distribution. If one spouse solely owns the mineral rights, they will likely retain ownership after the divorce. In Texas, oil royalties are not considered income, but are treated as proceeds from the sale of the land. Therefore, if mineral rights are separate property, royalties are also separate property.

Speak with an Experienced Divorce Attorney

Dividing assets such as oil and mineral rights in a divorce can be complex, and it's crucial for anyone pursuing a marital dissolution to consult with an attorney about their choices. At Wilson Whitaker Rynell, we have extensive experience assisting clients in securing a fair division of assets, and we are committed to advocating aggressively for your interests. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.

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Best Texas Divorce Lawyers

Our Dallas Divorce Attorneys Serve Clients Throughout Texas


In order to best prepare yourself during the divorce process, it is vital that you have a qualified divorce attorney by your side. Our divorce law firm is dedicated to providing knowledgeable, professional, and effective legal counsel for all types of family and divorce matters. When you work with our experienced Dallas family law attorneys, you can trust that we will have your best interests in mind.

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A man and a woman are sitting on a couch with their arms crossed.
By Kayla Holderman 10 May, 2024
Dallas Family Law & Divorce Attorneys Deciding to divorce is a challenging and significant life choice. Once you've made that decision, there are many paths to consider, and Wilson Whitaker Rynell is here to help you navigate the best way forward. What distinguishes us from other Dallas family law firms is our exceptionally skilled team of family law practitioners and our commitment to delivering outstanding client-centered service. Whether through mediation or litigation, our family law attorneys in Dallas bring a depth and breadth of knowledge gained through years of successful practice. We also have board certified divorce lawyers so you can count on the highest standards of integrity, expertise, and legal proficiency from the divorce lawyers at Wilson Whitaker Rynell. Whether you're in Dallas, Plano, Frisco, Allen or any other Dallas neighborhood, you can trust our local family law firm to provide you with the support and guidance of a highly experienced team of family lawyers. Family Law Practice Areas Our dedicated team is focused on providing personalized and effective legal solutions tailored to each client's unique circumstances. We understand that family law matters can be emotionally challenging, and we strive to offer compassionate support while staunchly defending our clients' rights and best interests. With Wilson Whitaker Rynell, you can trust that you'll receive top-tier legal representation from a team that genuinely prioritizes your well-being. We specialize in a wide range of family law and divorce matters, ensuring comprehensive legal support for our clients. Our experience includes, but is not limited to, the following areas:
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By Chelsea Lankford 08 May, 2024
Interview of a Child in Chambers by a Texas Court Divorces can be messy; even more so when children are involved. One pivotal question that is often asked is who will receive primary custody. The prospect of children speaking to a judge during a divorce case to help determine custody can be a controversial topic. On one hand, it aims to understand and prioritize the child's preferences and best interests. On the other hand, exposing children to legal proceedings can be emotionally taxing and stressful . When Can the Judge Talk to Children? During a nonjury trial or hearing, the court is required to privately interview any child 12 years or older, while interviewing a child under 12 is at the judge's discretion. This private interview helps convey the child's wishes regarding who should have primary custody. The judge can also conduct the interview independently or on the request of a party, amicus attorney, or attorney ad litem. While speaking to the child can help determine issues of possession, access, and parent-child relationships, it does not restrict the court’s authority to decide what’s best for them. However, in cases where a jury trial is underway, the judge is prohibited from privately interviewing the child on matters subject to a jury verdict such as which parent is granted conservatorship/primary custody. During the conversations, attorneys representing the parents, the amicus attorney, the guardian ad litem, or the child's attorney ad litem may be present. For children aged 12 and older, the court is required to record these interviews to ensure a thorough and accurate record is available as part of the overall case documentation. Inside the Judge's Playbook: What Gets Asked? The judge may ask open-ended questions about living arrangements, the child's relationship with each parent, and other aspects relevant to their well-being. Additionally, an interviewer’s nonverbal communication may not contribute to the making of a particular statement. James v. Texas DHS, 836 S.W.2d 236, 239-241, (Tex.App.—Texarkana 1992, no writ.). However, the child's testimony is just one piece of the puzzle, weighed alongside other factors such as parental behavior, home stability, and each parent's willingness to cultivate the child's relationship with the other parent. Importantly, if the judge during the interview has reasonable cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person , the the judge is obligated to shall immediately make a report. Tex. Fam. Code §261.101(a).
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By Chelsea Lankford 18 Apr, 2024
Parental Alienation | Texas Child Custody Attorneys
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