Generally speaking does the spouse of the Grantor need to be included on Mineral Deeds or is the Grantor's name, a married woman/man dealing in her/is sole and separate property okay to use? This is Texas residents conveying interest in Oklahoma it was inherited mineral interest left to via probate. Thanks
I would say yes. I realize that some buyers may want the spouses' signature as an acknowledgement that the spouse knew the transfer occurred but I think it really has no place.
I think I'm going to have to pursue a quiet title suit because great grandma Jessie signed a deed along with great grandpa. The real problem being excited prospective heirs and a lawyer who will try to negotiate a payday he wouldn't win in court. It's just a nuisance to me and others but it need never have happened at all, so I say sole and separate property all the way.
In Oklahoma, if the grantor owns no surface on top of the severed mineral interest, the spouses signature is not necessary as severed mineral interests cannot be considered the homestead of the couple.
If it is severed, there is no need to put that the spouse is acting in his sole and separate property. Also, the recitation that it is separate property has little value, in my humble opinion. That would be binding on the spouse who says its separate property, but its not binding on the other spouse who didn't agree or sign anything saying its separate property.
Generally speaking, no, the "joinder" of the spouse of the Grantor conveying property that he or she owns as sole and separate property (SSP) is not required, in a mineral deed for example. For an Oil and Gas Lease, however, where the minerals are SSP of one spouse, the other spouse's joinder has always been required by my clients because there are some rights the other spouse gains by virtue of the homestead.
In Oklahoma, under Oklahoma Bar Association title standard 7.1, severed minerals cannot ever be considered homestead.
I don't doubt you, but my point was that when the minerals are NOT severed from a surface estate that has a homestead exemption, my clients have always wanted the spouse to sign the lease. Whether or not they were acting out of an abundance of caution, I cannot say. Just relating my personal experiences.
agree with you when not severed.