I own mineral rights in Webb, La Salle, Zapata, and Duval county. I recently got married and changed my name. How do I go about getting my name changed on the deeds?
Once my name is changed on the deeds, is that when I notify the oil companies paying me?
Thank you.
You must have a deed prepared from yourself with your single name to yourself with your married name. The deeds must be filed with the county clerk in each county where you own minerals. Then you will need to send a copy of the file-marked deed and an IRS W-9 to each company who is producing your mineral interests. You will also need to check the website of each operator to see if they have any other requirements and to determine the correct location to which to send these materials. You should consider contactiing an oil and gas attorney to handle for you, since if it’s not done correctly you could create errors in your mineral title.
I have been married 3 times and have never changed my name on the deed. That is unnecessary. Your marriage certificate is all you need. Send a copy of your marriage certificate to the division order department to change your name. You can sign your married name then FKA maiden name, and include a copy of your marriage certificate.
Camilla- hope the landmen researching the county records can find you at the name & address you had when you first received your interest. If not, too bad. Everyone’s current information should always be of record in the county clerk’s office, regardless of the state.
As Todd indicated, giving the oil company a marriage certificate won’t change your name in the deed records and so future lessors may not be able to find you to offer you a lease. In addition, giving the oil company a marriage certificate could result in changing what was a noncommunity, separate, asset into a community asset.
You can file an Affidavit of Identity in each county. They’re simple to draft, but you can get an attorney to do it as well. You’ll want to have a third party execute (not you or your spouse, but someone who has known you by both names). You can attach your marriage certificate as an exhibit if you want, and include your address as well. Many companies may rely on your marriage certificate that you send them, but if an attorney calls out your name change in an opinion, someone will be calling you to get an affidavit anyway.
The Landmen find me. Google helps, as does Facebook and Linked In. Maybe before the internet, your suggestion made economic sense, but to get a lawyer to refile deeds in multiple counties seems expensive. The tax records also give the mineral buyers access to me, more than I’d like, and I’m quite sure Landmen use that resource too. Just add the new last name, and it’s really simple.
Just my experience. Free advice, so worth what you paid for it!
It depends on the oil company. Many will not accept just a marriage certificate. But you can always check with the oil company first to find out.
With respect Aimee, which oil company will not accept a marriage certificate to change a name? I have done this with 50+ and never had a problem. It is in their FAQs on the websites for Mineral Owners.
In Texas the income will be community property whether or not you use a marriage certificate to change your name. The fact that you are married in Texas makes the income community property, but not the asset.
Royalty from separate property is separate property even if mineral owner is married. Rule is different for bonus and rental.
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